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The question

What is the reason for the difference in the rulings of Qisas (retaliation) in His —Exalted be He— saying: "the free for the free, and the slave for the slave, and the female for the female," and the Hadith: "A believer is not killed for an disbeliever," and is human dignity not uniform?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The (school of thought) of the majority of scholars is that there is no qisas (retaliation in kind) for a Muslim killing a disbeliever, or a free person killing a slave. This is based on the Almighty's saying: {Prescribed for you is legal retribution for those murdered: the free for the free, the slave for the slave, and the female for the female} [Al-Baqarah:178], and on the Prophet's (peace be upon him) saying: "A Muslim is not killed for a disbeliever." The Hanafis disagreed on this, except that they concurred with the majority on not killing a Muslim for a belligerent disbeliever. These differences are not due to a lack of human dignity, but rather due to a lack of equality between a Muslim and a disbeliever, and between a free person and a slave.

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Ftawy
Original fatwa ID
40064
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