What is the difference between killing due to a dispute and a fight, and killing with premeditation and prior intent (al-qatl ma' sabq al-israr wa al-tarassud) in Islamic Sharia?

Jurists have divided killing into three types: intentional, semi-intentional, and accidental. Qisas (retaliation in kind) applies to intentional killing, which is the deliberate killing of a person with what typically kills. Qisas does not require that the killing be preceded by premeditation or ambuscade. Wahbah Al-Zuhayli said: "Retaliation is obligatory, whether the killing was with premeditation or ambuscade or not."

As for man-made laws, they have made premeditation and ambuscade an influential condition in the ruling, which is not part of Islamic Sharia at all. The scholar Ahmad Shakir criticized these laws that stipulated a condition for qisas that Allah did not stipulate, which made lawful shedding of permissible blood and led to an increase in murder crimes. For example, Article 230 and Article 234 of the Penal Code differentiate between intentional killing with premeditation and ambuscade (punishable by execution) and intentional killing without premeditation or ambuscade (punishable by hard labor).

Thus, Islamic Sharia does not differentiate in intentional killing between killing due to dispute and fighting and killing with premeditation and ambuscade.