The discussion of retaliation turns on three matters: the manner in which it is carried out, who undertakes it, and the time at which it is enforced.

I. The manner of retaliation in cases of homicide. The jurists differed over this. Some said that the killer is put to death in the same fashion by which he killed: one who drowned another is drowned; one who killed by striking with a stone is killed with a similar stone. This was the position of Mālik and al-Shāfiʿī, though they added: if that method would unduly prolong the killer’s torment, execution by the sword is preferable, for it is more merciful.

Among Mālik’s own companions there was disagreement about the one who burned another to death—should he himself be burned, despite their agreement with Mālik on mirroring the form of the homicide? The same question was raised about a person who killed with an arrow.

Abū Ḥanīfah and his associates held that, whatever means the murderer used, he is executed only by the sword. Their main proof is the report transmitted by al-Ḥasan from the Prophet—may Allah bless him and grant him peace—who said, “Retaliation is only by means of iron.”

The first party cites, instead, the ḥadīth of Anas: “A Jew crushed a woman’s head with a stone, so the Prophet—peace be upon him—crushed his head with a stone,” or, in another wording, “between two stones.” They also invoke the divine statement, “Retaliation for the slain has been prescribed for you” (al-Baqarah 2:178); retaliation, they argue, demands equivalence.

II. Who may carry out the retaliation? The apparent view is that it is the right of the avenger of blood (walī al-dam). Others said he is not permitted to do so because enmity might drive him to exceed the proper bounds.

III. When is retaliation enforced? After the conditions that make it obligatory have been established and, where there has been no confession, after formal notice has been served on the killer.

The scholars also disagreed whether, as a condition for retaliation, the execution must take place outside the Sacred Precinct (ḥaram).

They were unanimous that if a pregnant woman intentionally commits homicide, she is not to be executed until she has delivered her child.

They differed on the murderer who kills by poisoning: the majority hold that retaliation is required, whereas some of the Ẓāhirīs held that no retaliation is taken, arguing that the Messenger of Allah—peace and blessings be upon him—was himself poisoned, together with some of his Companions, yet he did not pursue the one who poisoned him.

Thus concludes the Book of Retaliation for Homicide.