Is it true that a man is not subject to qisas for killing his wife or children?
The issue can be summarized in two cases:
1. A father killing his child: Scholars have differed on this matter, with two opinions: The majority: Retaliation (Qisas) is not applied to the father, citing the hadith: "A father is not killed for his child" and reasoning that the father is the cause of the child's existence, so the child should not be the cause of his (the father's) demise. Others: Retaliation is applied to him, based on the general evidence for Qisas, such as Allah's saying: (O you who have believed, prescribed for you is legal retribution for those murdered), and they consider the hadith weak and the reasoning incorrect, as the cause is the father himself.
2. A husband killing his wife: This has details according to the majority opinion: If there is no child between them: Retaliation is applied to him, based on the general texts. If there is a child between them: Retaliation is not applied to him, because the child inherits the right to Qisas, and there is no Qisas for a child against his father.
These are matters of scholarly disagreement, and they are referred to the Sharia courts, as the judge's ruling resolves the dispute, while emphasizing that the absence of Qisas does not mean the act is not forbidden, for taking a life is one of the greatest major sins.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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