Question: If a Muslim murders a non-Muslim in a Muslim state, does the family of the non-Muslim have a right to retaliation (qisas)?
Wa alaykum assalam wa rahmatullahi wa barakatuh,
Thank you for your important question.
Yes, if a Muslim murders a non-Muslim in a Muslim state, the family of the non-Muslim does have a right to retaliation (qisas) (Hidaya, Marghinani).
Allah Most High says, ‘O you who have believed, prescribed for you is legal retribution (qisas) for those murdered – the free for the free, the slave for the slave, and the female for the female’ (Qur’an, 2: 178).
As for the hadith, ‘No Muslim shall be killed for [killing] an unbeliever’ (Bukhari), the hadith refers to an unbeliever who is fighting Muslims (Sharh Maani al Athar, Tahawi).
I pray this helps.
Checked and Approved by Shaykh Faraz Rabbani
Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language