The Hanafis hold that it is permissible to kill a Muslim in retaliation for a non-Muslim, and they cite unreliable reports as evidence.

The questioner : This is a matter of evidence, or rather, the Hanafis view that a Muslim should be killed in retaliation for a dhimmi, and they cite weak reports and hadiths as evidence. In contrast, the authentic texts state otherwise. Perhaps you also mentioned that they, or rather, this is their reality, that they cite the Qur'an as evidence, especially the later ones among them, even if they did not understand the basis for citing the verses they use. I recall that our Shaykh, Dr. Rabee, in his refutation of al-Ghazali...

The Shaykh : The Shaykh : Who?

The questioner : The Shaykh : ...Rabee, in his refutation of al-Ghazali in his book "Uncovering al-Ghazali's Positions Regarding the Sunnah and Its People," reached through induction the conclusion that the early Hanafis and the imams of the Hanafis did not cite the Qur'an as evidence for this opposing view. Rather, they cited reports that scholars knew were not established. If they had had established evidence that scholars would accept, which would preclude killing a Muslim in retaliation for a dhimmi, it would have been fitting for them to adopt it and leave aside those unestablished reports. What is your comment on this—may Allah reward you? I mean, what our Shaykh concluded, or have you looked at what he wrote in his book or not?

The questioner : Have you looked at what?

The questioner : What he mentionedThe Shaykh : In his book "Uncovering al-Ghazali's Position Regarding the Sunnah and Its People."

The Shaykh : I think I understood something from you that I did not say, or I did not understand what you want, due to some noise and some shouting.

The questioner : Perhaps I can clarify.

The Shaykh : Listen, if you please, I did not say that they cite the Qur'an as evidence.

The questioner : I did not say that you said it, but I said that they, or the later ones among them, cite it as evidence.

The Shaykh : Are you saying?

The questioner : I am saying yes, I want your opinion on this issue. Do you agree with our Shaykh, or have you read what he wrote?

The Shaykh : I have not read that. What I know is that they do not cite the Qur'an as evidence, but they cite the reports I mentioned, which occurred during the time of 'Uthman ibn 'Affan, and these are not authentic reports. Maududi addressed the topic in some detail to support the madhhab of Imam Abu Hanifah (may Allah have mercy on him). But I was afraid to say what I clarified when I cited the verse: . I would have liked the Hanafis to rely on this verse, because it is well known that their madhhab relies on the text of the Qur'an, even if it is restricted by the Sunnah. I mentioned this in some detail, but here they did not turn to this verse, in which the Lord of the Worlds condemns equating Muslims with criminals. But in answer to your question, I do not know—or at least—I do not recall that they cited anything from the Qur'an in their ruling on killing a Muslim in retaliation for a dhimmi, or in equating the blood money for accidental killing if the victim was a Muslim or a disbeliever.

The questioner : The al-Ghazali who was refuted, whom our Shaykh refuted, claims that, and that the Hanafis cite the Qur'an as evidence. For this reason, he addressed this issue and investigated it thoroughly, and said that the early Hanafis did not cite it as evidence. And perhaps I understood—and perhaps I was right or wrong—that except for the early ones, the later ones, as I understood from our Shaykh's words and what he quoted, cited the implications of some verses as evidence, even if they were mistaken in citing them.

The Shaykh : This is possible, but their evidence would be from general texts that the Messenger (peace and blessings be upon him) clarified through the Sunnah. "A life for a life" is absolute; this is a Jewish life, so a life for a life. But this is evidence from what, meaning it is not something to be stopped at due to its weakness and extreme frailty; because citing general texts—as we say in another context—is one of the grave errors.

The questioner : I entrust you to Allah.