A Look at Corporeal Retaliation Qisas of a Muslim for a non-Muslim (kafir)

The majority of Muslim jurists including Shiates and Sunnis except Hanafis are of the opinion that a Muslim may not be retaliated for a non-Muslim but a non-Muslim shall be retaliated for a crime done to a Muslim. This issue which reminds one of discrimination on the basis of religion is considered an essential rule of Shiate jurisprudence. The author attempts to examine the issue using the methodology of traditional fiqh in Imamids jurisprudence to lay bare its weakness and strength. He does not claim to have reached a definite conclusion in this regard but does acknowledge that the aim of the article is to result in further discussion of the issue rather than to offer a particular view.