The majority of scholars do not obligate a Muslim to be executed [qisas] for killing a disbeliever, regardless of what kind of disbeliever he is. This is narrated from Umar, Uthman, Ali, Zayd ibn Thabit, and Muawiyah (may Allah be pleased with them). This is also the opinion of Umar ibn Abd al-Aziz, Ata, al-Hasan, Ikrimah, al-Zuhri, Ibn Shubrumah, Malik, al-Thawri, al-Awza'i, al-Shafi'i, Ishaq, Abu Ubayd, Abu Thawr, and Ibn al-Mundhir. Al-Nakha'i, al-Sha'bi, and the Ashab al-Ra'y (the People of Opinion) stated: A Muslim shall be executed for a Dhimmi (protected non-Muslim) specifically. Ahmad said: Al-Sha'bi and al-Nakha'i said: The blood money for a Magian, a Jew, and a Christian is equal to the blood money of a Muslim, and if he kills him, he is to be executed for him. This is astounding! The Magian becomes equal to the Muslim. Glory be to Allah, what kind of statement is this! He regarded it as repulsive and said: The Prophet (peace and blessings of Allah be upon him) said: "A Muslim shall not be executed for a disbeliever" (1), yet he says he is to be executed for a disbeliever. What could be more severe than this! They argued using the general rulings [umum] that we mentioned at [the beginning of the chapter] (2), and by what Ibn al-Baylamani narrated, that the Prophet (peace and blessings of Allah be upon him) executed a Muslim for a Dhimmi, and said: "I am the most worthy of fulfilling his covenant [dhimmah]" (4). Also, because he is a person whose blood is permanently protected, his killer should be executed for him, just like a Muslim. Our evidence is the saying of the Prophet (peace and blessings of Allah be upon him): "The blood of the Muslims is of equal value, the lowest of them may grant protection on their behalf, and a believer shall not be executed for a disbeliever." Narrated by Imam Ahmad and Abu Dawud (5). In another wording: "A Muslim shall not be executed for a disbeliever."
(1) Extracted by al-Bukhari, in: The Chapter on Writing Down Knowledge, from the Book of Knowledge; in the Chapter on Redeeming Captives, from the Book of Jihad and Expeditions; and in the Chapter on the 'Aqilah (tribal collective responsibility), and the Chapter: A Muslim shall not be executed for a disbeliever, from the Book of Blood Money (al-Diyat). Sahih al-Bukhari 1/38, 4/48, 9/14, 16. Abu Dawud, in: The Chapter: Is a Muslim executed for a disbeliever?, from the Book of Blood Money. Sunan Abi Dawud 2/488. Al-Tirmidhi, in: The Chapter: What has been narrated regarding: A Muslim shall not be executed for a disbeliever, from the Chapters on Blood Money. Aridat al-Ahwadhi 6/181. Al-Nasa'i, in: The Chapter: Retribution between freemen and slaves regarding life, from the Book of Qasamah (oaths). Al-Mujtaba 8/18. Al-Darimi, in: The Chapter: A Muslim shall not be executed for a disbeliever, from the Book of Blood Money. Sunan al-Darimi 2/190. Imam Ahmad, in: al-Musnad 1/79. (2) Omitted from B. (3) In the original, there is an addition: "with his covenant and". (4) Extracted by al-Daraqutni, in: The Book of Prescribed Punishments and Blood Money and others. Sunan al-Daraqutni 3/135. Al-Bayhaqi, in: The Chapter: Explaining the weakness of the report narrated regarding the killing of a believer for a disbeliever, and what was narrated from the Sahabah regarding that, from the Book of Crimes (al-Jinayat). Al-Sunan al-Kubra 8/30, 31. Imam al-Shafi'i, see: The Book of Blood Money. Tartib al-Musnad 2/105. And Abd al-Razzaq, in: The Chapter: Retribution of a Muslim for a Dhimmi, from the Book of 'Uqul (Blood Money). Al-Musannaf 10/101. (5) Previously referenced in page 460.
