Is it an essential condition for retribution (qisas) that the killer be equal in status to the victim, and does this apply to differences in gender? Is it true that a master is not killed if he kills his slave, and what is the maximum punishment for him? Does the rule that parents are not killed for killing their child apply to cases of deliberate child murder, such as killing due to adultery?
The majority of jurists stipulate equality between the killer and the victim for Qisas (retaliation in kind). Thus, a free person is not killed for a slave, nor is a master killed for his slave. They cite the Hadith of Ali (may Allah be pleased with him): "It is from the Sunnah that a free person is not killed for a slave," and the Hadith of Ibn Abbas: "A free person is not killed for a slave." This is also because a slave is deficient due to slavery.
The Hanafis permit killing a free person for a slave, except for one's own slave or the slave of one's child. If a master kills his slave, the majority of jurists do not permit killing the master in return; rather, he is disciplined and beaten. The Hanafis also held the view that he should not be killed for it.
A male is killed for a female and vice versa according to the majority of jurists, including the four Imams, based on the Almighty's saying: "A life for a life," and "The free for the free." They also cite the action of the Prophet (peace be upon him) when he killed a Jew who had crushed the head of a girl, and his letter to the people of Yemen stating that a man is killed for a woman.
As for a parent, Qisas is not applied to him if he kills his child, according to the majority of jurists (Hanafis, Shafi'is, Hanbalis), based on the Prophet's saying (peace be upon him): "A father is not retaliated against for his child" and "You and your wealth belong to your father." They considered the father to be the cause of the child's existence, and the شبهة الملك (semblance of ownership) averts Qisas. The Malikis permit Qisas if the father intended to kill the child and take his life. The absence of Qisas does not mean that the killing is not forbidden.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/21586