The law that no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever).
+ This law is in effect a license to kill non Muslims. This is part of a complete and through subjugation of non Muslims, where they have to live in fear of being killed at anytime.
+ If a non Muslim (disbeliever) kills a Muslim he will certainly face Qisas, the death penalty. This is a double standard.
+ There is no alternative penalty mentioned in Islamic sources for a Muslim who kills a non Muslim. This could be left as open and allowed as Muslims would like.
Narrated Ash-Sha’bi: Abu Juhaifa said, "I asked Ali, ‘Have you got any book (which has been revealed to the Prophet apart from the Qur’an)?’ ‘Ali replied, ‘No, except Allah’s Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).’ Abu Juhaifa said, "I asked, ‘What is (written) in this sheet of paper?’ Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies. {Sahih Bukhari, Volume 1, Book 3, Number 111}
The law that no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever).
Volume 1, Book 3, Number 112:
Narrated Abu Huraira:
In the year of the Conquest of Mecca, the tribe of Khuza’a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqatt (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two– the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah’s Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Iqhkhir (a type of grass that has good smell) O Allah’s Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhiri.e. Al-Idhkhir is allowed to be plucked."