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Showing posts with label intoxicants. Show all posts
Showing posts with label intoxicants. Show all posts

Thursday, September 12, 2019

Murder

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

●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.


Intentional 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 (or seven) men who killed a man in Yemen. He (Umar) said, “By Allah! If all the people of Sanaa killed him, I would kill them altogether.”


− 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.

Quasi-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.
3) If someone left his dog free in the street, and then it killed anyone.

Accidental 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].

●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].

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










  

Fixed Penalty of Intoxication

FIXED PENALTY OF INTOXICATION


Stages of wine prohibition


While wine was being sold in its inns in Makkah, Allah sent Muhammad.
 Its commerce was popular, however, there were some wise men, like Abu-Bakr AL-Siddiq, who did not approach it as they knew the mental disorder caused by it.

①When Muslims migrated to AL-Madinah, the Holy Qurᶦan began to hint at wine disadvantages.

God says They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.”﴿Chapter of the Heifer.

②Once, a group of drunken people were praying and their leader was reciting the verse Say, “O disbelievers (1) I do not worship what you worship(2)﴿incorrectly.
He said, “And we worship what you worship.”
So, Allah revealed the verse O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying﴿ Chapter of Women.

③The third stage has been complete prohibition of it. God says O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but abomination from the work of Devil, so avoid it that you may be successful﴿ Chapter of the Table. Verse NO 90

●Abu Saᶦid AL-Khudri reported: I heard Allah’s Messenger addressing in AL-Madinah. He said, “O people, Allah is giving an indication (of the prohibition) of wine, and He is probably soon going to give an order about it. So he who has anything of it with him should sell that, and benefit from it.” 
We waited for some time that Allah’s Apostle said: “Verily Allah, the Exalted, has forbidden wine. So, who hears this verse and he has anything of it with him, he should neither drink it nor sell it.”
People then brought whatever they had of it with them on the streets of AL-Madinah and split that. [Muslim]. 
 
Wine and all intoxicants have been prohibited in the second Islamic year after the Battle of Uhud.
If he, who is commanded, committed to provisions, aware of their prohibition, and not coerced, drinks wine or any other intoxicant, he will be lashed with eighty lashes.

AL-Saib ibn Yazeed reported: We used to strike the drinker with our hands, shoes, and clothes (by twisting them into the shape of lashes) during the lifetime of the Prophet, Abu-Bakr, and the early part of Umar’s caliphate.
But during the last period of Umar’s caliphate, he used to give the drunken forty lashes, and when the drinkers became mischievous and disobedient, he used to lash them with eighty lashes. [AL-Bukhari].
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If a large amount of a drink causes intoxication, a small amount of it is prohibited. So, beer is included in prohibition.

Prohibition includes wine maker, seller, the one who conveys it, the one to whom it is conveyed, and the one who sits with drinkers during drinking, even if he does not drink with them.

It was narrated from Abd Allah ibn Umar (May Allah be pleased with him) that the Prophet said, “Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it, and the one to whom it is conveyed.” [Abu-Daoud].

●ᶦAishah (May Allah be pleased with her) reported: The Messenger of Allah was asked about mead (which is made from honey) and he said: “Every drink that intoxicates is unlawful.” [AL-Bukhari].

It was narrated from Ibn Umar that the Prophet said, “Every intoxicant is wine (Khamr), and every wine is prohibited.” [The Two Scholars].

It was narrated from Jabir that the Messenger of Allah (P.P.B.U.H) said, “Every intoxicant is prohibited. Verily Allah made a covenant to those who drank intoxicants to make their drink from Tinat AL-Khabaal.” They said, “O Messenger of Allah, what is Tinat AL-Khabaal?” He said, “It is the sweat of the people of Hell or the discharge of the people of Hell.” [Muslim].
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Procedure of fixed penalty application


1) A drinker is lashed after his awakening.
2) His clothes are not taken off if they are light weight.
3) Flogging should be consecutive.
4) Flogging is distributed on his body, except his face.
5) He should not be scorned, but he should be given a chance to repent.
6) Penalty should be applied according to a clear evidence, like testimony of two witnesses, or confession of the drinker.
7) It is not required to flog him with a whip, indeed he can be flogged with hands, foot wear, or palm branches.
8) Penalty should be applied publicly in daylight in front of people.

Abu-Hurairah reported: A drunken was brought to the Prophet. He said, “Give him a beating.” Then, some beat him with hands, some with their shoes, and some with (a folded) piece of cloth. When he left, someone said to him: “May Allah disgrace you!”
The Prophet said, “Do not say so. Do not help the Devil against him.” [AL-Bukhari].

¨Although Umar was a drunken and addicted to wine in pre-Islamic ignorance period, after embracing Islam, he invoked Allah urgently and said, “O Allah, reveal to us a conclusive declaration concerning wine.” Prohibition of wine has been one of the things in which the Holy Quran coincides with Umar ibn AL-Khattab’s opinions and suggestions.


¨Uthmaan ibn Afaan said, “Avoid wine, as it is the mother of all evils. There was a man, among those who came before you, who was a devoted worshipper. An immoral woman fell in love with him. She invited him to her palace and threatened him that if he did not have sexual intercourse with her, she would cry out, but he refused. So, she gave him three choices:
Having a sexual intercourse with her.                     
Drinking wine.                
Killing a boy.
He chose to drink wine as he thought it was the easiest thing. After he had drunk it, he lost his mind, so he had sexual intercourse with her and killed the boy.”

¨A group of people were brought to Umar ibn Abd-AL Azeez, among them there was a righteous man who had not drunk with them.
Umar said, “Start (applying fixed penalty) to him. Didn’t you hear God’s saying And it has already come down to you in the Book that when you hear the verses of Allah [recited], they are denied [by them] and ridiculed; so do not sit with them until they enter into another conversation. Indeed, you would then be like them. Indeed Allah will gather the hypocrites and disbelievers in Hell all together﴿ Chapter of Women. Verse NO 140

   



Selections from Islamic Jurisprudence - Preface

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