Tuesday 3 September 2013

Avoid 70 Major Sins - Series No 2 of 70: Murder or Killing in Islam



Avoid 70 Major Sins - Series No 2 of 70
Quranic verses on murder or killing
وَمَا كَانَ لِمُؤۡمِنٍ أَن يَقۡتُلَ مُؤۡمِنًا إِلَّا خَطَـًٔ۬ا‌ۚ وَمَن قَتَلَ مُؤۡمِنًا خَطَـًٔ۬ا فَتَحۡرِيرُ رَقَبَةٍ۬ مُّؤۡمِنَةٍ۬ وَدِيَةٌ۬ مُّسَلَّمَةٌ إِلَىٰٓ أَهۡلِهِۦۤ إِلَّآ أَن يَصَّدَّقُواْ‌ۚ فَإِن كَانَ مِن قَوۡمٍ عَدُوٍّ۬ لَّكُمۡ وَهُوَ مُؤۡمِنٌ۬ فَتَحۡرِيرُ رَقَبَةٍ۬ مُّؤۡمِنَةٍ۬‌ۖ وَإِن ڪَانَ مِن قَوۡمِۭ بَيۡنَڪُمۡ وَبَيۡنَهُم مِّيثَـٰقٌ۬ فَدِيَةٌ۬ مُّسَلَّمَةٌ إِلَىٰٓ أَهۡلِهِۦ وَتَحۡرِيرُ رَقَبَةٍ۬ مُّؤۡمِنَةٍ۬‌ۖ فَمَن لَّمۡ يَجِدۡ فَصِيَامُ شَهۡرَيۡنِ مُتَتَابِعَيۡنِ تَوۡبَةً۬ مِّنَ ٱللَّهِ‌ۗ وَكَانَ ٱللَّهُ عَلِيمًا حَڪِيمً۬ا (٩٢)
A believer should never kill another believer unless it is by mistake. Anyone who kills a believer by mistake should free a believing slave and pay blood-money to his family unless they forgo it as a charity. If he is from a people who are your enemies and is a believer, you should free a believing slave. If he is from a people you have a treaty with, blood money should be paid to his family and you should free a believing slave. Anyone who cannot find the means should fast two consecutive months. This is a concession from Allah. Allah is All-Knowing, All-Wise. (4:92)
وَمَن يَقۡتُلۡ مُؤۡمِنً۬ا مُّتَعَمِّدً۬ا فَجَزَآؤُهُ ۥ جَهَنَّمُ خَـٰلِدً۬ا فِيہَا وَغَضِبَ ٱللَّهُ عَلَيۡهِ وَلَعَنَهُ ۥ وَأَعَدَّ لَهُ ۥ عَذَابًا عَظِيمً۬ا (٩٣)
As for anyone who kills a believer deliberately, his repayment is Hell, remaining in it timelessly, for ever. Allah is angry with him and has cursed him, and has prepared for him a terrible punishment. (4:93)
وَٱتۡلُ عَلَيۡہِمۡ نَبَأَ ٱبۡنَىۡ ءَادَمَ بِٱلۡحَقِّ إِذۡ قَرَّبَا قُرۡبَانً۬ا فَتُقُبِّلَ مِنۡ أَحَدِهِمَا وَلَمۡ يُتَقَبَّلۡ مِنَ ٱلۡأَخَرِ قَالَ لَأَقۡتُلَنَّكَ‌ۖ قَالَ إِنَّمَا يَتَقَبَّلُ ٱللَّهُ مِنَ ٱلۡمُتَّقِينَ (٢٧) لَٮِٕنۢ بَسَطتَ إِلَىَّ يَدَكَ لِتَقۡتُلَنِى مَآ أَنَا۟ بِبَاسِطٍ۬ يَدِىَ إِلَيۡكَ لِأَقۡتُلَكَ‌ۖ إِنِّىٓ أَخَافُ ٱللَّهَ رَبَّ ٱلۡعَـٰلَمِينَ (٢٨)
Recite to them the true report of Adam's two sons when they offered a sacrifice and it was accepted from one of them but not accepted from the other. The one said, 'I shall kill you.' The other said, 'Allah only accepts from people who guard against evil. Even if you do raise your hand against me to kill me, I am not going to raise my hand against you to kill you. Truly I fear Allah, the Lord of all the worlds.' (5:27-28)
فَطَوَّعَتۡ لَهُ ۥ نَفۡسُهُ ۥ قَتۡلَ أَخِيهِ فَقَتَلَهُ ۥ فَأَصۡبَحَ مِنَ ٱلۡخَـٰسِرِينَ (٣٠)
So his lower self persuaded him to kill his brother, and he killed him and became one of the lost. (5:30)
فَبَعَثَ ٱللَّهُ غُرَابً۬ا يَبۡحَثُ فِى ٱلۡأَرۡضِ لِيُرِيَهُ ۥ كَيۡفَ يُوَٲرِى سَوۡءَةَ أَخِيهِ‌ۚ قَالَ يَـٰوَيۡلَتَىٰٓ أَعَجَزۡتُ أَنۡ أَكُونَ مِثۡلَ هَـٰذَا ٱلۡغُرَابِ فَأُوَٲرِىَ سَوۡءَةَ أَخِى‌ۖ فَأَصۡبَحَ مِنَ ٱلنَّـٰدِمِينَ (٣١) مِنۡ أَجۡلِ ذَٲلِكَ ڪَتَبۡنَا عَلَىٰ بَنِىٓ إِسۡرَٲٓءِيلَ أَنَّهُ ۥ مَن قَتَلَ نَفۡسَۢا بِغَيۡرِ نَفۡسٍ أَوۡ فَسَادٍ۬ فِى ٱلۡأَرۡضِ فَڪَأَنَّمَا قَتَلَ ٱلنَّاسَ جَمِيعً۬ا وَمَنۡ أَحۡيَاهَا فَڪَأَنَّمَآ أَحۡيَا ٱلنَّاسَ جَمِيعً۬ا‌ۚ وَلَقَدۡ جَآءَتۡهُمۡ رُسُلُنَا بِٱلۡبَيِّنَـٰتِ ثُمَّ إِنَّ كَثِيرً۬ا مِّنۡهُم بَعۡدَ ذَٲلِكَ فِى ٱلۡأَرۡضِ لَمُسۡرِفُونَ (٣٢)
Then Allah sent a crow which scratched at the earth to show him how to conceal his brother's corpse. He said, 'Woe is me! Can I not even be like this crow and conceal my brother's corpse?' And he became one of those who suffer bitter remorse on account of that. So We decreed for the tribe of Israel that if someone kills another person-unless it is in retaliation for someone else or for causing corruption in the earth-it is as if he had murdered all mankind. And if anyone gives life to another person, it is as if he had given life to all mankind. Our Messengers came to them with Clear Signs but even after that many of them committed outrages in the earth. (5:31-32)
وَقَالَ فِرۡعَوۡنُ ذَرُونِىٓ أَقۡتُلۡ مُوسَىٰ وَلۡيَدۡعُ رَبَّهُ ۥۤ‌ۖ إِنِّىٓ أَخَافُ أَن يُبَدِّلَ دِينَڪُمۡ أَوۡ أَن يُظۡهِرَ فِى ٱلۡأَرۡضِ ٱلۡفَسَادَ (٢٦)
Pharaoh said, 'Let me kill Musa and let him call upon his Lord! I am afraid that he may change your religion and bring about corruption in the land.' (40:26)
وَقَالَ رَجُلٌ۬ مُّؤۡمِنٌ۬ مِّنۡ ءَالِ فِرۡعَوۡنَ يَكۡتُمُ إِيمَـٰنَهُ ۥۤ أَتَقۡتُلُونَ رَجُلاً أَن يَقُولَ رَبِّىَ ٱللَّهُ وَقَدۡ جَآءَكُم بِٱلۡبَيِّنَـٰتِ مِن رَّبِّكُمۡۖ وَإِن يَكُ ڪَـٰذِبً۬ا فَعَلَيۡهِ كَذِبُهُ ۥۖ وَإِن يَكُ صَادِقً۬ا يُصِبۡكُم بَعۡضُ ٱلَّذِى يَعِدُكُمۡۖ إِنَّ ٱللَّهَ لَا يَہۡدِى مَنۡ هُوَ مُسۡرِفٌ۬ كَذَّابٌ۬ (٢٨)
A man among Pharaoh's people who believed, but kept his faith concealed, said, 'Are you going to kill a man for saying "My Lord is Allah" when he has brought you Clear Signs from your Lord? If he is telling a lie, be it on his own head. But if he is telling the truth, then some of what he is promising you will certainly happen to you. Allah does not guide any unbridled inveterate liar.' (40:28)
Killing A Human Being
Holy Quran 4:93 And whoever kills a believer intentionally, his punishment is hell; he shall abide in it, and Allah will send His wrath on him and curse him and prepare for him a painful chastisement.
The prophet {} said: When two Muslims meet with drawn sword, both the slayer and the slain are in Hell.’’ It was said: ‘’ O Messenger {}, that is for the slayer. But why the slain?’’ He replied, ‘’Because his intention was to kill the other.’’

The laws for murder in Islam:
These include the following:
1- The laws of murder in Islam.
2- Is it permissible to slay the murderer the same way he slew his victim(s), or to punish the aggressor the same way he violated his victim.
3- What does "the free for the free, the slave for the slave, the woman for the woman" mean? And can we apply the Noble Verse to the enemy?
4- All people's lives are equal in Islam.
5- What if the death was accidental?
6- What is the punishment for the Muslim who kills an innocent disbeliever?
- But why didn't the law just exist in Islam?
- What about accidental killing?

1- The laws of murder in Islam:
Let us look at what Allah Almighty said in the Noble Quran:
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ كُتِبَ عَلَيۡكُمُ ٱلۡقِصَاصُ فِى ٱلۡقَتۡلَى‌ۖ ٱلۡحُرُّ بِٱلۡحُرِّ وَٱلۡعَبۡدُ بِٱلۡعَبۡدِ وَٱلۡأُنثَىٰ بِٱلۡأُنثَىٰ‌ۚ فَمَنۡ عُفِىَ لَهُ ۥ مِنۡ أَخِيهِ شَىۡءٌ۬ فَٱتِّبَاعُۢ بِٱلۡمَعۡرُوفِ وَأَدَآءٌ إِلَيۡهِ بِإِحۡسَـٰنٍ۬‌ۗ ذَٲلِكَ تَخۡفِيفٌ۬ مِّن رَّبِّكُمۡ وَرَحۡمَةٌ۬‌ۗ فَمَنِ ٱعۡتَدَىٰ بَعۡدَ ذَٲلِكَ فَلَهُ ۥ عَذَابٌ أَلِيمٌ۬ (١٧٨)
"O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. (The Noble Quran, 2:178)"[1]
2- Is it permissible to slay the murderer the same way he slew his victim(s), or to punish the aggressor the same way he violated his victim: Narrated Anas bin Malik: "A Jew crushed the head of a girl between two stones. It was said to her. "Who has done this to you, such-and-such person, such-and-such person?" When the name of the Jew was mentioned, she nodded with her head, agreeing. So the Jew was brought and he confessed. The Prophet ordered that his head be crushed with the stones. (Hammam said, "with two stones.") (Translation of Sahih Bukhari, Blood Money (Ad-Diyat), Volume 9, Book 83, Number 23)"
3- What does "the free for the free, the slave for the slave, and the woman for the woman" mean? And can we apply the Noble Verse to the enemy?
4- All people are equal in Islam:
It is important to know that all innocent lives are equal in Islam. There is no difference between the rich and the poor, the man and the woman, the free and the slave. All are equal in the eyes of Allah Almighty:
"...if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people...(Noble Quran 5:32)"
"Those who invoke not, with God, any other god, nor slay such life as God has made sacred except for just cause, nor commit fornication; - and any that does this (not only) meets punishment. (But) the Penalty on the Day Of Judgement will be doubled To him, and he will dwell Therein in ignominy. (The Noble Quran, 25:68-69)"
5- What if the death was accidental?
Allah Almighty (SWT) said in the Noble Quran regarding accidental deaths:
"Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to God: for God hath all knowledge and all wisdom. (The Noble Quran, 4:92)"
6- What is the punishment for the Muslim who kills an innocent disbeliever?
"Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors. (The Noble Quran, 2:190)"
Fighting in the cause of Allah the Almighty those who fight us is what "Jihad" is all about. You can't go and kill a non-Muslim just because he is a non-Muslim. That is absolutely forbidden in Islam.
What about accidental killing? If a Muslim kills a non-Muslim accidentally today, then the law of paying the blood-money or fasting for two consecutive months (only if the murderer is poor and can't afford the payment determined by the authorities) would apply to him.  وَلَا تَقۡتُلُواْ ٱلنَّفۡسَ ٱلَّتِى حَرَّمَ ٱللَّهُ إِلَّا بِٱلۡحَقِّ‌ۚ ذَٲلِكُمۡ وَصَّٮٰكُم بِهِۦ لَعَلَّكُمۡ تَعۡقِلُونَ١
Life is sacred, according to Islam and most other world faiths. But how can one hold life sacred, yet still support capital punishment? The Qur'an answers, "...Take not life, which God has made sacred, except by way of justice and law. Thus does He command you, so that you may learn wisdom" (6:151).
Allah knows best
Assembled by Abba Abana, FCE
Dated 23rd January 2013


[1] The Meaning of the Holy Qur'an. By Abdullah Yusuf Ali. Published by: Amana Publications, 10710 Tucker Street, Suite B, Beltsville, Maryland 20705-2223 USA.

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