Are there subjects in which qisas is abhorred?

For retribution (qisas) to be obligatory, certain conditions must be met: the perpetrator must be of sound mind (mukallaf), the victim must be inviolable (ma'sum), the victim must be equivalent to the perpetrator (in terms of legal status), the victim must not be a descendant of the killer, and the crime must be intentional.

As for the conditions for exacting (implementing) retribution (qisas), they are: the one entitled to retribution must be of sound mind, all those entitled to it must agree on its implementation, and there must be assurance that its implementation will not harm anyone other than the perpetrator (e.g., if the female perpetrator is pregnant).

The conditions for establishing retribution (qisas) and legal punishments (hudud) generally include: their establishment in the presence of the ruler (sultan) or his deputy, and their not being established in the land of war (dar al-harb).

Scholars have differed regarding the establishment of legal punishments (hudud) and retribution (qisas) in the land of war; the Malikis and Shafi'is hold that their establishment is obligatory, while the Hanafis hold that they should not be established at all (neither in the land of war nor after returning from it). As for the Hanbalis, they hold that their establishment is obligatory but that they should not be established in the land of war, but rather after returning from it.