MURDER
Murder: is
loss of one’s life due to an act or an effect on it.
It is one of the
gravest of the major sins which makes it difficult for who commits it to go to
Paradise. So, a Muslim must think carefully before he lays a hand to kill
another Muslim.
●It was narrated
from Abd Allah ibn ᶦAmr that the Prophet (P.P.B.U.H) said, “Killing a believer is more grievous before Allah than
the extinction of the whole world.” [AL-Nasaᶦi].
●It was narrated
from Ibn Masᶦud that the Prophet said, “The
first issue to be judged among people on the Day of Judgment, is that of
bloodshed.” [AL-Bukhari and
Muslim].
God says ﴾And do not kill the soul
which Allah has forbidden, except by right﴿
Chapter of the Night Journey.
And says ﴾But whoever kills a believer intentionally- his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment﴿ Chapter of Women. Verse NO 93
And says ﴾But whoever kills a believer intentionally- his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment﴿ Chapter of Women. Verse NO 93
●It was narrated
from Abi-Bakrah that Allah’s Apostle said, “When
two Muslims are engaged in a combat against each other with their swords, both
the murderer and the murdered will go to Hell.” [The Two Scholars].
●It was narrated
from Abi-Hurairah that the Prophet said, “None
of you should point at his (Muslim) brother with a
weapon because he does not know that the Devil (Satan) may cause the weapon (to slip) from his
hand and (he may
injure anyone) and thus he may fall into
a pit of Hell-fire.” [The Two Scholars].
¨There are three types of murder:
□Intentional.
□Quasi-intentional.
□Accidental.
❶Intentional murder:
In which a murderer intends to beat someone in order to kill him, even if he dies afterwards due to his injuries. Repentance of an intentional murderer is accepted only after fulfillment of three rights:
a)
The right of Allah: by regret and repentance.
b)
The right of the murdered’s heirs: by delivering
himself to them and they either kill him, or they forgive him and agree that he
pays them a heavy blood-money.
c)
The right of the murdered: It is entrusted to Allah on the Day
of Judgment.
God says ﴾O you who have believed, prescribed for you is legal
retaliation for those murdered- the free for the free, the slave for the slave,
and the female for the female. But whoever is overlooked from his brother for
anything, then there should be a suitable follow-up and payment to him with
good conduct. This is an alleviation from your Lord and a mercy. But whoever
transgresses after that will have a painful punishment﴿
Chapter of
the Heifer. Verse NO 178
God says ﴾And do not kill the soul which Allah
has forbidden, except by right. And whoever is killed unjustly- We have given
his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law]﴿
Chapter of
the Night Journey. Verse NO 33
Conditions of retaliation:
1) The murderer should be rational and adult.
2) The murderer should not be one of the murdered’s
parents.
3) The murdered should not be a disbeliever that fights
against Islam.
Note that:
− If a group of people killed one person, they would be
killed altogether.
ᶦUmar ordered to kill five
ᶦUmar ordered to kill five
− The one who
intended to drink an intoxicant, and killed someone during his drunkenness, he
would be considered a rational one and retaliation is taken from him.
❷Quasi-intentional
murder:
Its
provision: No retaliation in it, but it entails paying
a heavy blood-money.
It occurs when
someone beats a person and does not intend to kill him, but this person dies.
For
example:
1) Beating a
person with a whip or a stick.
2) Driving a car too fast, so that if a person appeared suddenly before the driver, he could not avoid him.
2) Driving a car too fast, so that if a person appeared suddenly before the driver, he could not avoid him.
3) If someone
left his dog free in the street, and then it killed anyone.
❸Accidental
murder:
Its
provision: No retaliation in it, but it entails paying
a reduced blood-money.
For
example:
1) If you threw
something at someone, but it was thrown at another one by mistake and killed
him.
2) If you beat a
patient, and as a result, he died.
Accidental murder
has occurred in the time of the Prophet in more than one occasion and he
ordered the murderer to pay blood-money only.
●ᶦUsamah ibn Zayd
reported: Messenger of Allah sent us to Huraqat, a tribe of Juhainah. We
attacked that tribe early in the morning and defeated them, (then) a man from AL-Ansaar
and I caught hold of a man (of the defeated tribe). When we overcame him, he
said, “No god but Allah (La ilaha illa Allah).” At that moment, I
attacked him with my spear and killed him.
By the time we went back to AL-Madinah, news had already reached Messenger of Allah.
He said to me, “O ᶦUsamah, did you kill him after he had professed that there is no god but Allah?” I said, “O Messenger of Allah, he professed it only to save his life.” Messenger of Allah repeated, “Did you kill him after he had professed that there is no god but Allah?”
He went on repeating this to me until I wished I had not embraced Islam before that day (so that I would have not committed this sin). [The Two Scholars].
By the time we went back to AL-Madinah, news had already reached Messenger of Allah.
He said to me, “O ᶦUsamah, did you kill him after he had professed that there is no god but Allah?” I said, “O Messenger of Allah, he professed it only to save his life.” Messenger of Allah repeated, “Did you kill him after he had professed that there is no god but Allah?”
He went on repeating this to me until I wished I had not embraced Islam before that day (so that I would have not committed this sin). [The Two Scholars].
●It was narrated
from Salim that his father said, “The Prophet sent Khalid ibn AL-Waleed to the
tribe of Jadhima. Khaild called them to Islam, but they did not say, ‘Aslamna
(i.e. we have embraced Islam)’, but they said, ‘Sabaᶦna! (i.e. we have
come out of one religion to another).’
So, Khalid felt that they were playing on words and killed them. We came to the Prophet, and he was told of what Khalid had done. Then, he raised his hands and said twice, ‘O Allah, I am free from what Khalid has done.’ Then, he (the Prophet) sent Ali ibn Abi-Talib to pay blood-money.” [AL-Bukhari].
So, Khalid felt that they were playing on words and killed them. We came to the Prophet, and he was told of what Khalid had done. Then, he raised his hands and said twice, ‘O Allah, I am free from what Khalid has done.’ Then, he (the Prophet) sent Ali ibn Abi-Talib to pay blood-money.” [AL-Bukhari].
When
the blood-money of accidental murder becomes heavy?
1) If a person is
killed in the Sacred House.
2) If a person is
killed in the Sacred Months.
3) If a person
kills one of his unmaritable relatives.
God says ﴾And never is it for a believer to kill
a believer except by mistake. And whoever kills a believer by mistake- then the
freeing of a believing slave and compensation payment presented to the
murdered’s family [is
required] unless they give [up their right as] charity. But if the murdered was from a people at war with
you and he was a believer- then [only] the freeing
of a believing slave, and if he was from a people with whom you have a treaty-
then a compensation payment presented to his family and the freeing of a
believing slave. And whoever dose not find [one or cannot afford to buy one]- then [instead], a fast for
two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing
and Wise﴿Chapter of Women.
Verse NO 92
