this is the whole text from imam an nawawi and imam al qurtabi book...
interpret it in what ever way you want...
i am not justifying their crime i am just saying if such punishment is in islam we should not abuse it as it might fall under sin...
The permissibility to burn someone to death in retaliation if he burned to death one of the Muslims
Imâm An-Nawawî رحمه الله, "If the transgressor kills using a sword, then Qisâs should not be applied to him with anything other than a sword, because Allâh (Most High) says, "Then whoever transgresses the prohibition against you, you transgress likewise against him. (Quran 2:194)". And also because the sword is the lightest type of pain (i.e. causes the least amount of pain). So if he uses this to kill, but then Qisâs is applied on him with other than a sword- then the oppressed one has taken more than his 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 Qisâs with the equal means, since Allâh says, "And if you punish (your enemy, O you believers in the Oneness of Allâh), then punish them with the like of that with which you were afflicted. (Quran 16:126)". And also due to what is narrated form Al-Barâ' may Allâh be pleased with him from the Prophet ﻢﻠﺳﻭ ﻪﻴﻠﻋ ﷲﺍ ﻰﻠﺻ, "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 Qisâs 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 Qisâs 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 Qisâs, 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 of quote from Imâm An-Nawawî رحمه الله)
Imâm Al-Qurtubî's opinion on burning the enemy to death in equal retaliation (Qisas) against the one who burns the Muslims to death
Imâm Al-Qurtubî رحمه الله said, "And the saying of Allâh: "Then whoever transgresses the prohibition against you, you transgress likewise against him."
"And if you punish (your enemy, O you believers in the Oneness of Allâh), then punish them with the like of that with which you were afflicted."
The Salaf have said that these Verses are all-encompassing of everything- and they supported this conclusion with the statement of the Prophet ﻰﻠﺻ ﻢﻠﺳﻭ ﻪﻴﻠﻋ ﷲﺍ, which is narrated by Abû Dâwûd, That he kept the broken plate in the home of the one who broke it and sent the intact one, and he said: "A platter for a platter and food for food"
There is no difference of opinion between the scholars, that the original base of this Verse is about being equal in Qisâs; so whosoever kills with something, then he shall be killed with the thing which he used to kill with- and this is the opinion of the majority of the scholars- as long as they do not kill with something which is a sin (Fisq), such as sodomy, consumption of alcohol- so in such cases, he should be killed with the sword. Yet the Shâfi'iyyah have the opinion that those who kill with an act of sin- they should also be killed with that same act; their opinion states that [in case of sodomy], that a rod should be forced into his anus till he dies- [in case of murder by overdose of alcohol] he should be given alcohol to quench his thirst, till his death also.
And Ibn Al-Mâjashûn 141 رحمه الله said that whoever kills by burning his victim with fire, or by poisoning him- then such a criminal should not be killed using that same way [i.e. fire or poison], because the Prophet ﻢﻠﺳﻭ ﻪﻴﻠﻋ ﷲﺍ ﻰﻠﺻ said, "None punishes with fire except Allâh"; and poison is a type of fire inside the intestines; But the majority of the scholars have said that it is permissible [to retaliate with fire] due to the generality of the Verse." 142 (End of quote from Imâm Al-Qurtubî رحمه الله)
Imam al nawawi was born in 1233. 700 years after advent of islam. He is the only author and source of this hadees. Most respectfully why no one for 700 years before him have quoted the same???
Also in your last paragraph there is another hadees " none punishes with fire except ALLAH"
This hadees has multiple sources from begining of islam and is considered authentic.
Both ahadees seem to be contrary to each other. Why should we consider the one only mentioned once after 700 years by one source only authentic and the one with multiple sources fro begining of time non authentic??
Also there is no documentation from time of RASULLAH that any one was actually punished with fire... that will also point to authenticity of hadees that none punishes with fire but ALLAH..