Capital punishment
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's
Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
salam brother, i have recently signed on to ur website, and i have
been inspired by
Is killing or taking away a life haram? For example, death penalty. Is is
accepted by Islam or when is it accepted on a killing situation, for example
self defense. plz answer my question a.s.a.p.
your,
brother
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Answer:
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Lord accepts our humble and weak
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shortcomings, and saves you, us, and all the believers from the torment of the
Hell Fire. Ameen.
Your
Question: Is killing or taking away a life haram? For example, death penalty.
Is is accepted by Islam or when is it accepted on a killing situation, for
example self defense. plz answer my question a.s.a.p.
Allah
Says in the Holy Quran Chapter 17 Surah Israa verse 33: Nor take life which Allah has made sacred except for just
cause. And if anyone is slain
wrongfully We have given his heir authority (to demand Qisas or to forgive):
but let him not exceed bounds in the matter of taking life: for he is helped
(by the Law)
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 178-179:
178 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.
179 In the law of equality there is (saving of) life to you; O ye men of
understanding! that ye may restrain yourselves.
Allah
Subhanah has declared that human life is absolutely sacred, and cannot be shed
except by ‘just cause’ which are explicitly described by Allah and His
Messenger (saws).
Al-Tirmidhi Hadith 3466 Narrated
by Uthman ibn Affan
AbuUmamah ibn Sahl ibn Hunayf told that when Uthman ibn Affan was
besieged he looked down and said: ‘I adjure you by Allah. Are you aware that
Allah's Messenger (saws) said, "It is not lawful to kill a man who is a
Muslim except for one of three reasons:
fornication after marriage,
or unbelief after accepting Islam,
or wrongfully killing someone, for which he may be killed?"
Other
than the above three reasons for which an Islamic Court will declare the death
penalty; and when in an actual state of declared war with the unbelievers when
one is permitted killing in the battlefield, Allah Subhanah has absolutely
prohibited the killing of a human being.
Your
Question: For example, death penalty. Is is accepted by Islam or when is it
accepted on a killing situation, for example self defense.
The death
penalty is something only an Islamic Court in an Islamic State can levy on
someone who is convicted of one of the above three crimes by due process of
law:
Fornication
after marriage
Unbelief
after accepting Islam
murder
But if
someone kills someone by mistake (car accident, etc.) or un-intentionally, then
it will be considered an accidental killing and the prescribed atonement is as
follows:
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 92-93:
92 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 a 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 Allah: for Allah hath all knowledge
and all wisdom.
93 If a man kills a believer intentionally his recompense is Hell to
abide therein (for ever): and the wrath and the curse of Allah are upon him and
a dreadful penalty is prepared for him.
In the
case of killing in self-defence, one would have to prove his case in an Islamic
Court that the person he killed was trying to kill him, or harm his property or
honor by force. The Islamic Court will
then decide whether the case constitutes intentional murder or accidental
killing in self-defence, and prescribe the punishment accordingly.
Whatever
written of Truth and benefit is only due to Allah’s Assistance and Guidance,
and whatever of error is of me. Allah
Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan
