بسم الله الرحمن الرحيم

يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ كُتِبَ عَلَيۡكُمُ ٱلۡقِصَاصُ فِى ٱلۡقَتۡلَى‌ۖ ٱلۡحُرُّ بِٱلۡحُرِّ وَٱلۡعَبۡدُ بِٱلۡعَبۡدِ وَٱلۡأُنثَىٰ بِٱلۡأُنثَىٰ‌ۚ فَمَنۡ عُفِىَ لَهُ ۥ مِنۡ أَخِيهِ شَىۡءٌ۬ فَٱتِّبَاعُۢ بِٱلۡمَعۡرُوفِ وَأَدَآءٌ إِلَيۡهِ بِإِحۡسَـٰنٍ۬‌ۗ ذَٲلِكَ تَخۡفِيفٌ۬ مِّن رَّبِّكُمۡ وَرَحۡمَةٌ۬‌ۗ فَمَنِ ٱعۡتَدَىٰ بَعۡدَ ذَٲلِكَ فَلَهُ ۥ عَذَابٌ أَلِيمٌ۬ (١٧٨) وَلَكُمۡ فِى ٱلۡقِصَاصِ حَيَوٰةٌ۬ يَـٰٓأُوْلِى ٱلۡأَلۡبَـٰبِ لَعَلَّڪُمۡ تَتَّقُونَ

“O you who believe, Qisas has been prescribed for you in the case of murdered people: The freeman (will be executed) for the freeman, the slave for the slave, and the female for the female.  However, if one is somewhat forgiven by his brother, the recourse (of the latter) is to pursue the former (for blood money) with fairness, and the obligation (of the former) is to pay (it) to the latter in a nice way. That is a relief from your Lord, and a mercy. So, whoever transgresses after all that will have a painful punishment.  (178) There is life for you in Qisas, O people of wisdom, so that you may refrain (from murder).” (179)

Ruling: In pre-Islamic Arabia, when a slave from a low class murdered a slave from a high class, the high-class patrons of the slave, would demand that a free man from the low class be given in retaliation. Similarly, if a free woman belonging to the higher class was murdered by a free woman from the lower class, they would demand that a free man belonging to the lower class should be given in retaliation, and if a free man belonging to the noble class was murdered, they would want two free men belonging to the lower class. This verse came to clear up this mistake, and Allah is commanding that the exact individual responsible for the murder to be taken in retaliation, not another innocent person. So that particular woman who murdered the other woman can only be taken in retaliation, not another man, that free man that murdered someone, can only be taken and not multiple innocent people, and only that slave that murdered can be taken and not a free person belonging to the lower class. So basically, every free person from whatever class, is equal to every other free person and every slave to every slave. (Tafsir Uthmani V1 pg 184)

Ruling: Now the question comes up, that if a free person murders a slave, or a man murders a woman, will there be equal retaliation in these cases? According to Imam Abu Hanifa, there will be equal retaliation, and the free man would be taken in retaliation for the slave that he killed. If a Muslim kills a Dhimmi (Non-Muslim citizen of a Muslim state), qisas will also apply. The proof Abu Hanifa used in these scenarios, was the verse in Surah Maidah, “a soul in exchange for a soul”. (Ahkaam Al-Quran Thanvi V1, pg 148)

Ruling: Even if one or some of the inheritors of an individual forgive the blood of their relative, the right of qisas drops. Now, one of two things can occur, either they totally forgave the blood in exchange for no monetary compensation, or for monetary compensation (diyya). (Tafsir Uthmani V1 pg 184)

Ruling: Qisas is only exacted in homicides where one is killed intentionally with a lethal weapon causing injury or blood loss. (Maarif Al Quran V1 pg 447)

Ruling: If a full pardon is granted in the situation where there are two inheritors, and both forgive the murderer, then the murderer is free of all possible claims that could be levied against him. In the situation where, full pardon is not realized in that one inheritor forgives the murderer and one does not, the qisas will fall off (since qisas is indivisible and if pardon is granted by any given inheritor, then the right of retaliatory punishment falls off from the rest and they will receive the diyya according to their share in inheritance), and the other will receive half the blood money. (Maarif Al-Quran V1 pg 449)

Ruling: The inheritors of the deceased do not have the right to take the law into their own hands and kill the murderer, rather the case must be brought to the legal system where it will be settled. (Maarif Al-Quran V1 pg 449)

Ruling: “He should adhere to it according to the norm, and pay it to him in a good manner” If the option of blood money is chosen, the inheritors should demand the blood money without harshness and force, and the murderer should pay the diyya to the inheritors without delay and without any decrease. (Tafseer Jalalayn V1 pg 104)

Ruling: By calling the patrons of the murdered person his brother, Allah is calling out to their humanity in that they should forgive. Also, by murder, the brotherhood of Islam is not severed. (Ruh Al-Maani V3 pg 108)

Ruling: If a person crosses the boundaries of Allah, by killing the murderer after forgiving him or accepting the blood money, or by following the customs of the days of ignorance, then such an act is totally impermissible, and a painful doom awaits him. (Tafsir Uthmani V1 pg 187)