Explanation of Retaliation Between Men and Women

Hazrat Ja'far bin Burqan narrates that Hazrat Umar bin Abdul Aziz said that in the case of intentional murder between a man and a woman, the same retribution (qisas) applies as it does between one soul and another.

Ibrahim and Hazrat Amir Sha'bi, both of these gentlemen, stated: In the case of intentional murder, retribution (qisas) will be applied between a man and a woman in every matter.

29285 - From Jabir, from al-Sha'bi (they both said): Qisas (retaliation) applies between a man and a woman in cases of intentional acts in everything.

Hazrat Shaibani states that Hazrat Hammad did not consider it permissible to exact retribution (qisas) between men and women in the case of wounds less than death, and Hazrat Hakam said: We have not heard any hadith regarding this matter about both of them, and certainly, retribution (qisas) between the two is better.

29287 - Al-Hakam said: We have not heard anything regarding them, and indeed retribution (qisas) applies between them (Hasan) (1).

Hazrat Awza'i states that Imam Zuhri said: The established Sunnah regarding this matter is that if a man injures a woman by striking her, then retribution (qisas) will be taken from that man, and that man will pay blood money (diyat) to the woman.

Hazrat Ismail bin Umayyah says that Imam Zuhri stated: Retaliation (qisas) will not be taken from a husband for his wife.

Hazrat Isa bin Abu Azza narrates that Hazrat Shabi, regarding a man who laid a woman on her chest in order to have intercourse with her and in this manner broke her tooth, said: That person will pay compensation.

Hazrat Sufyan states that Hazrat Hammad said: There is no retribution (qisas) between a man and a woman in anything less than intentional murder.

Hazrat Jarir bin Hazim narrates that Hasan Basri said: A man slapped his wife on the face, so the woman came to seek retribution (qisas). Upon this, the Noble Prophet (peace and blessings be upon him) decided qisas between them. Then Allah, the Lord of Might and Majesty, revealed this verse: "And do not hasten with the Qur'an before its revelation is completed to you," and this verse was revealed: "Men are protectors and maintainers of women because Allah has given some of them excellence over others among mankind."

Hazrat Qasim bin Fadl Hadani narrates that Hazrat Muhammad bin Ziyad said: My grandmother was the umm walad of Hazrat Uthman bin Maz'un. When Hazrat Uthman passed away, the son of Hazrat Uthman wounded her. So she mentioned this matter before Hazrat Umar bin Khattab. Hazrat Umar said to them: Pay her the blood money for what you have done to her.