If someone kills another person through evil eye, is he considered a murderer in the Sharee’ah?
If you mean, he intentionally killed another person by giving them evil eye, then yes, he is considered a murderer; because he did it deliberately. And what’s correct is that he is punished with the same injury that he caused to the victim (retributional justice – eg. If he killed the victim, he too is killed); this is if he did so intentionally. But if he killed him unintentionally, then he takes the same ruling as someone who kills another by mistake, based on the most correct scholarly opinion. Some of the people of knowledge said that the ruler should also expel him to a remote location, away from the people, in order to rid them of his evil eye, and that he provides for him (to keep him far from mixing with the people) so everyone remains safe from his evil.
Shaykh Muhammad ibn Hizaam – may Allaah preserve him
Abu Ishaq Muhammad Ibn Ahmad Ba Alawi