And how is it NOT sharia? Do you know how to prove something is or is not sharia?
As a general rule, look at the texts.
In a specific case, look up specific texts:
Traditional jurisprudence[edit]
Classical/traditional Islamic jurisprudence (
fiqh) treats homicide as a civil dispute between victim and perpetrator,
[9] rather than an act requiring corrective punishment by the state to maintain order.
[10] In all cases of murder, unintentional homicide, bodily injury and property damage, under classical/traditional Islamic law, the prosecutor is not the state, but only the victim or the victim's heir (or owner, in the case when the victim is a slave). Qisas can only be demanded by the victim or victim's heirs.
[11]
Differences in treatment according to religion and status of victim
In the early history of Islam, there were considerable disagreements in Muslim
judicial opinions on applicability of Qisas and Diyya when a Muslim murdered a non-Muslim (
Dhimmi,
Musta'min or slave).
[12][13] (In yet another class were murdered apostates from and blasphemers of Islam, non-Muslims who refused to accept dhimmi status, etc.)
According to classical jurists of three of the four
Sunni Islamic schools of jurisprudence --
Shafi'i,
[14] Maliki and
Hanbali schools --
qisas is available only when the victim is Muslim; while the
Hanafi school holds it may apply in some circumstances when a Muslim has done harm to a non-Muslim.
[15][16][17]
Jurists agree neither Qisas nor any other form of compensation applied in cases where the victim is
- an apostate (converted from Islam to another religion),
- a person who has committed the hadd crime of transgression against Islam or Imam (baghy), or
- a non-Muslim who did not accept himself or herself as a Dhimmi, or
- if the non-Muslim victim's family could not prove that the victim used to pay Jizya.[12][18]
Numerous Hanafi, Shafi'i and Maliki jurists stated that a Muslim and a non-Muslim are neither equal nor of same status under sharia, and thus the judicial process and punishment applicable must vary.
[19] This was justified by the hadith:
[19]
Narrated Abdullah ibn Amr ibn al-'As: The Prophet said: A believer will not be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to the relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept
blood-wit.
- Wiki
********************
Or you can just go fundie Islam and assume the whole of Sharia and the whole of the Quran are one in the same, absolute list of truths, and pull this one out. The Taliban do it routinely:
Surah 2:191: "And kill them (non-Muslims) wherever you find them … kill them. Such is the recompense of the disbelievers (non-Muslims)."
Surah 9:5: "Then kill the disbelievers (non-Muslims) wherever you find them, capture them and besiege them, and lie in wait for them in each and every ambush …"