"eye for an eye", "nemesis" or retributive justice.It is a category of crimes in Islamic jurisprudence, where Sharia allows equal retaliation as the punishment." He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)." In all cases of murder, unintentional homicide, bodily injury and property damage, under traditional sharia doctrine, the prosecutor is not the state, but only the victim or the victim's heir (or owner, in the case when the victim is a slave).Qisas can only be demanded by the victim or victim's heirs.and the sharia court may only impose a Diyya (cash compensation) with or without a prison term on the Muslim at its discretion.The Maliki sharia also forbids applying Qisas against a Muslim if the victim is a dhimmi, but has ruled that the Muslim may be killed if the murder was treacherous.After this whoever exceeds the limits shall be in grave penalty.Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?
Both Shafi'i and Maliki sharia doctrines maintained, notes Friedmann, that the Qisas only applies when there is "the element of equality between the perpetrator and the victim"; Qisas is not available to an infidel victim when the crime's perpetrator is a Muslim because "equality does not exist between a Muslim and an infidel, and Muslims are exalted above the infidels".Qisas principle is available against the accused, to the victim or victim's heirs, when a Muslim is murdered, suffers bodily injury or suffers property damage. the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman.But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord." Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?