Killing a Muslim in Retaliation for a Disbeliever
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is it that a Muslim is never killed in retaliation for a disbeliever? Or are there cases where a Muslim is killed for a disbeliever?
Answer:
A Muslim is not killed in retaliation for a disbeliever. It is the Sunnah that a Muslim is not killed in retaliation for a disbeliever, because there is no equivalence between the victim and the killer. Equivalence between the victim and the killer is one of the conditions for qisas (retaliation in kind). A disbeliever is not the equivalent of a Muslim. Therefore, blood money (diyah) is established in his case, and there is no qisas. However, if this is a matter of spreading corruption on earth and cutting off the road, then the one who cuts off the road is killed, even if the one he killed was a non-Muslim granted safe conduct. Yes.
He says: Honorable Shaykh, may Allah grant you success, is it that a Muslim is never killed in retaliation for a disbeliever? Or are there cases where a Muslim is killed for a disbeliever?
Answer:
A Muslim is not killed in retaliation for a disbeliever. It is the Sunnah that a Muslim is not killed in retaliation for a disbeliever, because there is no equivalence between the victim and the killer. Equivalence between the victim and the killer is one of the conditions for qisas (retaliation in kind). A disbeliever is not the equivalent of a Muslim. Therefore, blood money (diyah) is established in his case, and there is no qisas. However, if this is a matter of spreading corruption on earth and cutting off the road, then the one who cuts off the road is killed, even if the one he killed was a non-Muslim granted safe conduct. Yes.
Source
شرح أخصر المختصرات في الفقه، باب: كفارة القتل — islamhouse.com (41:36)
The Arabic text is a machine transcription of the audio recording.