Burning Someone With Fire, Part 8 (By An-Nawawi)
Imaam An-Nawawi said:
“If the transgressor kills using a sword, then Qisaas should not be applied to him with anything other than a sword, because Alllaah says, “Then whoever transgresses the prohibition against you, you transgress likewise against him.” [Quran 2:194] And also because the sword is the lightest weapon of pain (i.e. causes the least amount of pain). So if he uses this ti kill, but the Qisaas is applied to him with other than a sword – then the oppressed one has taken more than legitimate right; because he only had the right to kill, yet he not only killed, he also caused the transgressor torment.
But if the transgressor burned his victim (till death), or drowned him, or threw stones at him (till death), or threw him off a cliff, or struck him with a piece of wood (till death), or confined him (till death), or refused to give him water and food till the victim died – then it is the right of the guardian to apply the equal means, since Allaah says: “And if you punish (your enemy, O Believer), punish with an equivalent of that with which you were harmed.” [Quran 16:126]
And also what is narrated by Al-Baraa’ (r.a) from the Prophet (saw), “Whosoever torches (a Muslim till death), then we shall also torch him; and whosoever drowns (a Muslim till death), then we shall also drown him.“
And Qisaas is a matter of being equally like in retaliation, and it is perfectly possible to be equally like in retaliation with regards to these forms of Qisaas to be carried out – so it is permissible. And it is also permissible for the oppressed (in the situations just mentioned) to use a sword for Qisaas, because it is his right to kill and also torment – but if he only chooses to kill with a sword and gives up his right to torment, then this is also permissible.”
[End quote of An-Nawawi]