 
|
|
 |
 |
| |||
|
|
Back to As-Sunnah
Hadith number 1283: Cursing and Killing
Al Hafiz Ibn Hajar Al Asqalani
Tuesday, May 30, 2006 Register and Join our Online Community & Forums for Free.
A Great way to meet lots of muslims and learn about Islam. The Messenger of Allah (PBUH) said, “Reviling a Muslim is Fusuq (disobedience of Allah) and killing him is (tantamount to) disbelief.’’
وعن ابن مسعود رضي الله عنه قال: قال رسول الله:
<<سباب المسلم فسوق, وقتاله كفر>>
This hadith is an explanation and follow up of the previous hadith of the three signs of a hypocrite; specifically the clause “and when he quarrels, he abuses.” Definitions of terms: In the hadith, the Prophet (salallahu ‘alayhe wasallam) uses the word “سب”, which means cursing and cussing (reviling).
Ibn Taymiya’s definition of سب:
Definition of فسوق:
The Islamic definition is as follows:
So from this hadith, it is apparent one who curses a Muslim is a fasiq (فاسق).
This hadith teaches many things: It describes how respectful and honorable a Muslim is. It tells us Fusuq is less than kufr. The Prophet (salallahu ‘alayhe wassallam) separated the two (reviling a Muslim and killing) and gave each a different name. This hadith is an answer to khawarij (خوارج) sect, which believed that if a person commits a major sin he becomes a kaafir. On the other hand, a fasiq (one who commits a major sin) is still a Muslim, and does not take him out of the fold of Islam. 3) Killing a Muslim is an aspect of Kufr. 3. Other verses and hadith that relate to this matter:
The Prophet (sal allahu alayhe wasalam) said:
“The Muslim is not an accuser, curser, curser with evil tongue (big curser), or minor curser” The Prophet also said, “Whoever curses a Muslim is like killed him. Whoever accuses another Muslim, then it is also like killing him.” This hadith proves how grave of a sin it is for one to accuse or curse his fellow Muslim brother. For one who does this, receives the same punishment of one who actually kills another Muslim.
Surat al-Hujurat: 11 ((الحجرات
(Talks about nicknames, and gesturing)
Surat Al-Nur: 4
(Playing with someone’s honor)
The Prophet once asked Aisha about another woman. Aisha gestured with her hand to show the woman was short, and the Prophet replied to her by saying, “That movement, if it was to be placed in an ocean, it would change the color of it.” One time Ibn Umar was standing next to the Kaaba, after the conquest of Mecca. He said to it: “How honorable you are, but the honor of a Muslim is more than you.” Hadith: When someone curses another, the curse is taken to the sky. If it doesn’t go through, then it comes back down to the earth, bounces left and right to find the person who was accused (if it’s not applicable to the person), it reaches back to the curser.
There was a man who was known to be a drunk at the time of the Rasul. He was receiving his punishment, when someone cursed him. The Rasul said, “Do not curse him, because he loves Allah and his Messenger.” Therefore, even if a person has committed a big sin, it is not lawful to curse him.
One who has cursed a person, has the right to curse him back.
لاَّ يُحِبُّ اللّهُ الْجَهْرَ بِالسُّوَءِ مِنَ الْقَوْلِ إِلاَّ مَن ظُلِمَ وَكَانَ اللّهُ سَمِيعًا عَلِيمًا
وَإِنْ عَاقَبْتُمْ فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُم بِهِ وَلَئِن صَبَرْتُمْ لَهُوَ خَيْرٌ لِّلصَّابِرينَ 16:126 And if ye do catch them out, catch them out no worse than they catch you out: But if ye show patience, that is indeed the best (course) for those who are patient.
وَلَمَنِ انتَصَرَ بَعْدَ ظُلْمِهِ فَأُوْلَئِكَ مَا عَلَيْهِم مِّن سَبِيلٍ
This aya means that one has the right to defend himself if he is cursed by others.
إِنَّمَا السَّبِيلُ عَلَى الَّذِينَ يَظْلِمُونَ النَّاسَ وَيَبْغُونَ فِي الْأَرْضِ بِغَيْرِ الْحَقِّ أُوْلَئِكَ لَهُم عَذَابٌ أَلِيمٌ
In this aya, Allah is clarifying the correct way to retaliate against someone who curses others. He orders one not to go overboard, and be just when retaliating. One should remember not to oppress and transgress his boundaries.
وَلَمَن صَبَرَ وَغَفَرَ إِنَّ ذَلِكَ لَمِنْ عَزْمِ الْأُمُورِ
One does have the right to curse another who cursed him, but if he is patient instead, he receives more reward. Abu Bakr was sitting next to the Kaaba, and the kuffar were cursing and degrading him. While this was happening, the Rasul was smiling. When Abu Bakr cursed the kuffar back, the Rasul frowned. Abu Bakr asked why he was smiling and then frowned. He replied, “When you were patient and didn’t answer, the angels were answering them. But when you answered them back with curses, they stopped.” General cursing
To kuffar
There are numerous Hadith in which the Prophet has said if one commits a certain act, they will be cursed. Among them are:
The one who deals with riba (interest)
Those who commit the acts of the people of Lut (homosexuality).
Those who curse his parents.
Those who take bribes and give bribes. (الرشوة)
The one who drinks and/or is associated with the exchange of alcohol in any way.
The one who leaves her husband’s house without his consent.
The wife who sleeps and her husband is mad at her.
The one how encourages other women to be disobedient to her husband.
The woman who plucks her eyebrows. (المتنمصة)
The Jews.
If someone becomes angry for an Islamic cause. The Prophet (salla allahu alayhe wasalam) was heading to conquer Mecca, when Hatib ibn Abi Balta’a sent a secret message with a woman to be delivered to Quraish with news of the Prophet coming to attack. Allah sent Jibril to reveal to Rasul what was taking place. After finding out the news, the Rasul sent Ali bin Abi Talib to the woman, before she reached Quraysh. Ali demanded the woman give him the note. She denied having it with her. Ali told her if she would not hand it over to him, that he would strip her and search for it; since he was sure she had it, because the Prophet never lied. She replied to him by telling him and his companions to turn their back. They did this, and after they turned around, the woman had the note in her hand (she had it hid in her hair). Ali took the note and went to meet the Prophet. Umar bin Al-Khattab was standing with the Rasul, and once he heard what happened, and said, “Let me chop that hypocrite’s neck off,” referring to Hatib. This incident shows that Umar became mad even though Hatib wasn’t a hypocrite. Hatib only wanted prestige and respect with Quraysh (since he had no relatives in Mecca.) The Prophet did not stop Umar from calling him a hypocrite, because he was angry due to an Islamic cause.
Example: Sulh Al-Hudaibiya (صلح الحديبية)
Abu Dhar once called Bilal by referring to him “You son of a nigger.” When the Prophet heard this, he exclaimed to Abu Dhar, “You are a man with jahilliya in you.” (Jahilliya is a stage before one embraces Islam, or refers to the stage before Islam).
Can someone curse a particular person?
For example, if someone is a public figure or commits an act of haram in public, and he has been deterred, but still insists on committing the act.
The proof on this is one time the Rasul (salla allahu alayhe wasalam) saw a slave who was pregnant and near her was her master. Then the Rasul said about him, “I was about to curse this man a curse that would enter his grave.” (the hadith doesn’t tell why the Rasul was this angry)
Ammarah bin Ruayba (عمارة بن رويبة) walked into a mosque and saw Bishr bin Marwan raise his hands while making dua during Jumuah Khutbah. Ammarah cursed him, “Qabaha Allah haytayn al-yadayn” (May Allah curse those two hands) because he never saw the Prophet doing that. The reason Ammarah cursed him was because Bishr was a public figure, and Ammaarah knew that if he wouldn’t stop him, others would imitate what they saw him doing, which is an innovation (بدعة). A person during the time of the Prophet (salla allahu alayhe wasalam) was evicted from his house because he used to bother his neighbors. People, thereafter, cursed him, but the Prophet did not stop people from doing that even though harming neighbors is a sin. In Qunoot (القنوت), in prayer, the Prophet used to curse people specifically, saying “Oh Allah, curse so and so, and so and so.” Until Allah deterred him from cursing those particular people and they later became believers. 5. Types of curses: A). To Allah and his Messenger Muhammad (salla allahu alayhe wasalam)
Ibn Taymiya said:
-Someone who curses Allah and his messenger is assumed to be a kafir. Side note: Mocking also takes one out of the fold of Islam.
Proof:
Surat Tawba (9):
Ishaq ibn Al-Rahawi said:
إِنَّ الَّذِينَ يُؤْذُونَ اللَّهَ وَرَسُولَهُ لَعَنَهُمُ اللَّهُ فِي الدُّنْيَا وَالْآخِرَةِ وَأَعَدَّ لَهُمْ عَذَابًا مُّهِينًا *
33:57 Those who annoy Allah and His Messenger - Allah has cursed them in this World and in the Hereafter, and has prepared for them a humiliating Punishment. 33:58 And those who annoy believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin. These two ayat are proof that someone who curses the Rasul is considered a kafir. In the second verse, Allah uses the word “buhtan” بُهْتَانًا, which means a great lie. Someone who does lie, is not considered a kafir, but the sin itself is a serious one. The only thing worse than that is kufr. In the first aya mentioned, Allah says whoever curses Allah and his messenger, He has prepared a torment for them in the hereafter. He also specifically separates the two verses and torments, to show that the latter is less serious of a sin than the former. This is proof to show that someone who does such an act is considered a kafir.
Qady Iyad said:
Imam Ahmad bin Hanbal said:
According to the majority of scholars, we can’t kill someone who curses Allah and his Messenger since we do not have a khilafa. Ibn Taymiya, on the other hand, said the reputable scholars and the leaders of a tribe or community should come together and issue a verdict against the curser, and then order young people to kill him. However, this opinion has some drawback because if we start doing that then there is no end to it.
B. Sahaba
Sahaba are an essential part of Islam since they carried on the Rasul’s message.
48:18 Allah’s Good Pleasure was on the Believers when they swore Fealty to thee under the Tree: He knew what was in their hearts, and He sent down Tranquillity to them; and He rewarded them with a speedy Victory.
Allah has chosen the sahaba over all of humankind. He has promised them heaven because of their patience and strong faith. When Abu Bakr was in the cave with the Rasul, his only concern was the safety of the Rasul, so much so, he began to cry. Then Allah revealed the aya:
9:40 If ye help not (your leader), (it is no matter): for Allah did indeed help him, when the Unbelievers drove him out: he had no more than one companion; they two were in the cave, and he said to his companion, “Have no fear, for Allah is with us”: then Allah sent down His peace upon him, and strengthened him with forces which ye saw not, and humbled to the depths the word of the Unbelievers. But the word of Allah is exalted to the heights: for Allah is Exalted in might, Wise. Proof on the importance and preference of the sahaba: Quran: لَقَد تَّابَ الله عَلَى النَّبِيِّ وَالْمُهَاجِرِينَ وَالأَنصَارِ الَّذِينَ اتَّبَعُوهُ فِي سَاعَةِ الْعُسْرَةِ مِن بَعْدِ مَا كَادَ يَزِيغُ قُلُوبُ فَرِيقٍ مِّنْهُمْ ثُمَّ تَابَ عَلَيْهِمْ إِنَّهُ بِهِمْ رَؤُوفٌ رَّحِيمٌ 9:117 Allah turned with favour to the Prophet, the Muhajirs, and the Ansar,- who followed him in a time of distress, after that the hearts of a part of them had nearly swerved (from duty); but He turned to them (also): for He is unto them Most Kind, Most Merciful. لِلْفُقَرَاء الْمُهَاجِرِينَ الَّذِينَ أُخْرِجُوا مِن دِيارِهِمْ وَأَمْوَالِهِمْ يَبْتَغُونَ فَضْلًا مِّنَ اللَّهِ وَرِضْوَانًا وَيَنصُرُونَ اللَّهَ وَرَسُولَهُ أُوْلَئِكَ هُمُ الصَّادِقُونَ * وَالَّذِينَ تَبَوَّؤُوا الدَّارَ وَالْإِيمَانَ مِن قَبْلِهِمْ يُحِبُّونَ مَنْ هَاجَرَ إِلَيْهِمْ وَلَا يَجِدُونَ فِي صُدُورِهِمْ حَاجَةً مِّمَّا أُوتُوا وَيُؤْثِرُونَ عَلَى أَنفُسِهِمْ وَلَوْ كَانَ بِهِمْ خَصَاصَةٌ وَمَن يُوقَ شُحَّ نَفْسِهِ فَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ * وَالَّذِينَ جَاؤُوا مِن بَعْدِهِمْ يَقُولُونَ رَبَّنَا اغْفِرْ لَنَا وَلِإِخْوَانِنَا الَّذِينَ سَبَقُونَا بِالْإِيمَانِ وَلَا تَجْعَلْ فِي قُلُوبِنَا غِلًّا لِّلَّذِينَ آمَنُوا رَبَّنَا إِنَّكَ رَؤُوفٌ رَّحِيمٌ
59:8 (Some part is due) to the indigent Muhajirs, those who were expelled from their homes and their property, while seeking Grace from Allah and (His) Good Pleasure, and aiding Allah and His Messenger. such are indeed the sincere ones:-
فَاسْتَجَابَ لَهُمْ رَبُّهُمْ أَنِّي لاَ أُضِيعُ عَمَلَ عَامِلٍ مِّنكُم مِّن ذَكَرٍ أَوْ أُنثَى بَعْضُكُم مِّن بَعْضٍ فَالَّذِينَ هَاجَرُواْ وَأُخْرِجُواْ مِن دِيَارِهِمْ وَأُوذُواْ فِي سَبِيلِي وَقَاتَلُواْ وَقُتِلُواْ لأُكَفِّرَنَّ عَنْهُمْ سَيِّئَاتِهِمْ وَلأُدْخِلَنَّهُمْ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الأَنْهَارُ ثَوَابًا مِّن عِندِ اللّهِ وَاللّهُ عِندَهُ حُسْنُ الثَّوَابِ
وَالسَّابِقُونَ الأَوَّلُونَ مِنَ الْمُهَاجِرِينَ وَالأَنصَارِ وَالَّذِينَ اتَّبَعُوهُم بِإِحْسَانٍ رَّضِيَ اللّهُ عَنْهُمْ وَرَضُواْ عَنْهُ وَأَعَدَّ لَهُمْ جَنَّاتٍ تَجْرِي تَحْتَهَا الأَنْهَارُ خَالِدِينَ فِيهَا أَبَدًا ذَلِكَ الْفَوْزُ الْعَظِيمُ
وَالَّذِينَ آمَنُواْ وَهَاجَرُواْ وَجَاهَدُواْ فِي سَبِيلِ اللّهِ وَالَّذِينَ آوَواْ وَّنَصَرُواْ أُولَـئِكَ هُمُ الْمُؤْمِنُونَ حَقًّا لَّهُم مَّغْفِرَةٌ وَرِزْقٌ كَرِيمٌ
There are also many hadith supporting this, including a whole chapter in Sahih Al-Bukhari. For example:
Ahadith:
من سب اصحابي فعليه لعنة الله والملائكة والناس اجمعين
AbdurRahman bin Awf and Khalid bin Waleed, raddiya Allah anhum, had an argument at one time, and Khalid had said some inappropriate words. When the matter went to the Rasul, even before hearing what happened, he told Khalid, “Don’t curse my companions. Even if you were to spend gold in charity the equivalent amount of Mt. Uhud, you wouldn’t be like them.”
Narrated by Jabir, the Rasul said about those companions who gave pledge in Hudaybiah, “None will enter hell who gave commitment under the tree.”
‘Imran bin Hussain said:
Sayings of the scholars:
Ibn Umar said:
Imam Ahmad was once asked about someone who curses the Sahaba. He replied by saying, “I do not see him following Islam.”
Ibn Kathir has said regarding the verse that clears Aisha, radiya Allah anha:
Al-Hasan ibn Zaid (الحسن بن زيد) was a big scholar of العلويين, or those who believe that Ali is Allah. He was shown a man who curses Aisha, radiya Allah anha, and commented, “Chop his neck off.” Imam Ja’fer As-Sadiq, the teacher of Imam Abu Hanifah, whom many Shia consider as their great scholar, had numerous sayings about the respect of Sahaba. Aisha radiya Allah anha was told about some who curse the sahaba. She said, “Their actions stop in which they could achieve deeds, but Allah didn’t want to end their deeds (so they are still getting rewards for what they did).” Why are the sahaba held in such high regard? The sahaba were people who gave everything they had in the name of Islam. They sacrificed their money, family and lives solely for the sake of Allah. There are many stories in the seerah illustrating their commitment to Allah, his Messenger, and the religion of Islam. Following are only a few: - During Hajj season, seventy three (73) men came to take bay’ah (pledge) with the Prophet from Yathrib (Medina). The Islamic da’wah was banned in public in Mecca so the Prophet was scared and ordered his companions to watch around while the men took pledges. When these men heard it, they said, “Let us kill them or be killed by them, it is better than seeing you, O Prophet, in fear.” These were the honorable group of people, the Ansaar, who welcomed the Prophet and opened the gates for the establishment of Islamic Khilafah. -Anytime a group of people approached the Rasul, wanting to convert, the Rasul sat with them and taught them Islam. He also would send someone from the sahaba to the city or town to teach the rest. A group of tribesmen once approached the Rasul wanting to convert. So Rasul sent Zayd in Al-Tuthna (زيد بن الدثنة) to teach them Quran. The tribesmen did not really want to convert, but rather wanted to take revenge on the sahaba. So they began to kill the people sent with Zayd. Before they killed Zayd, he was asked, “Wouldn’t you rather be in the luxury of your home, and have Muhammad take your place?” He said, “I would rather be in this place than a thorn enter the foot of the Rasul.”
زيد أتحب أن محمدًا مكانك الآن يضرب عنقه وأنك في أهلك
-Another sahaba, while being crucified said, “Oh Allah, give the Rasul my salaam.”
- The love of Abu Bakr for the Prophet was unsurpassed. There are numerous examples that show his immense love and respect for the Prophet of Allah (salallahu ‘alayhe wassallam). These are just a few:
-There was a quarrel between Abbas, the uncle of the Rasul, and Umar bin Khattab. Abbas said something bad to Umar, but Umar replied, “Don’t say this to me. Your becoming a Muslim was more pleasing to me than if Khattab had become Muslim because I knew that the Prophet of Allah salallahu ‘alayhe wassallam was pleased.” -Yazeed bin Thakhan was a young Sahabi who was popular among his friends; however, unlike today’s youth, he used his popularity for the sake of Islam. He took his friends to defend the Prophet when almost everyone deserted him in the Battle of Uhud. His friends fell fighting one after another, but he fought as if he did not want to die just because he wanted to protect the Messenger of Allah (salallahu ‘alayhe wassallam). Nevertheless, he was hit and was about to fall down on his cheeks but Prophet took him and said, “Allah is my witness, he fulfilled his commitment.” -There was a woman from Bani Najjar whose husband, son, and brother went out to fight in Uhud. When the sahaba were returning, they went to her to tell her all three had been martyred. The sahaba informed her that her husband was martyred. She replied by saying, “How is the Rasul?” Then the same thing was told about her son and brother, and she answered in the same way. She was then told the Rasul was fine, so she asked to see him. Once she saw him, she said to the Rasul, “Every misfortune is easy after seeing you.” ((ما فعل رسول الله؟ قال خيرًا وكما تحبين. فقالت أرني أنظر إليه، فلما رأت رسول الله تهلل وجهها وقالت كل مصيبة يا رسول الله بعدك جلل Nusaybah-ام عمارة was giving the sahaba water and tending to the wounded during the Battle of Uhud. She saw the Prophet wounded. So she wrapped her dress around her and took a sword in one hand, and a stick in the other to begin fighting. She told the Prophet she would take more and more. So the Prophet asked her what she wanted, and she replied, “I want my family and I to enter Paradise”.
07/12/04
Types:
Rasul (salallahu ‘alayhe wassallam) said: “If a man says to his brother, ‘O Kafir (disbeliever)!’ Then surely one of them is such (i.e., a Kafir).” [Sahih Al-Bukhari]
B) Someone’s honor.
إِنَّ الَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ الْغَافِلَاتِ الْمُؤْمِنَاتِ لُعِنُوا فِي الدُّنْيَا وَالْآخِرَةِ وَلَهُمْ عَذَابٌ عَظِيمٌ
In a hadith the Rasul said:
لا يدخل الجنة قتات
C) Defaming the dead
“Breaking the bone of someone dead is like breaking the bone of a person who is alive.” Narrated by Aisha: Allah’s Apostle (peace be upon him) said: If a company of Muslims, numbering one hundred, pray over a dead person, all of them interceding for him, their intercession for him will be accepted. (Sahih Muslim) Hadith: It is a great sin for someone to talk badly or degrade his fellow Muslim brother. There are many ahadith that allude to this. During the Rasul’s journey of Isra’a wal Ma’araj, he saw people in hell who had brass claws as fingernails ripping their cheek and poking their chests. When the Rasul inquired why these people were doing so, he was told they used to talk about people and spread lies about others. During the battle of Uhud, a woman saw her son had been martyred. So she exclaimed, “Glory to you heaven, oh my dear son.” When the Rasul heard this, he replied, “Do not say that. Perhaps he used to talk ill about others.” It is known the one who deals with usury, Allah declares war against him. He will be given a weapon on the Day of Judgment and told to fight against Allah. There are many kinds of riba, and the worst of them, is saying about one’s brother’s honor which he has no right to say.
The Rasul said:
The Prophet said, “Whoever says about his brother a word he doesn’t deserve, Allah will block him on a bridge in Hellfire until he proves what he said.” In another narration, he said, “Whoever says about his brother that which he doesn’t deserve, Allah will block him in hell fire until he proves what he said.” Whoever defends his brother when he needs it most, while others are disgracing him, Allah will defend him (whether it be in this life or on the Day of Judgment). Also, whoever is silent and doesn’t defend his brother at a time when his honor is defamed, Allah doesn’t defend him when he needs it most. وقتاله كفر> > “and fighting (to the point of killing) him is kufr.” What are the ramifications of someone who kills another Muslim? Allah has mentioned many times in the Quran the seriousness of a Muslim killing another. So much so, that is the 2nd biggest sin in Islam, second only to Shirk (associating partners to Allah).
وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ وَمَن يَفْعَلْ ذَلِكَ يَلْقَ أَثَامًا
The one that has killed intentionally will be the first to be reckoned on the day of judgment.
وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا
So from this aya, one can see there are five punishments for one who kills another without a just cause. Allah says: مَن قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا 5:32 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.
The Rasul has said:
Umar radiya Allah anhu one time killed seven people because they had all collaborated together to kill one man. People questioned Umar why he did this and he answered, “If all of Sana’a (in Yemen) conspired to kill a Muslim, I would kill them all of them as well.” This also shows how sacred the blood of a Muslim is.
Attempted murder or conspiracy against a Muslim to kill him is the same as killing him.
لو ان اهل السماء والارض اشتركوا في قتل امرء مسلم لكبهم الله في جهنم “If the people of the sky and earth were to conspire to kill a Muslim, Allah would throw them in hell-fire.”
He (salallahu ‘alayhe wassallam) also said:
Types of killing:
Intentional:
This kind falls under all the previously mentioned hadith and ayat. If there was an Islamic state ruled by a khalifa, and one killed another person and asked for forgiveness, and the family of the killed forgives, then the killer is freed. (The family member must be a close, male relative of the killed). Even if one person forgives that is enough to liberate the killer. Whereas, in the same situation an adultery or thief was brought before the khalifa and said that he had repented, the punishment would still have to be carried out. So long as the matter has been brought to khalifa or judge, then the ruling must be implemented. Imam Maalik & Imam Shafa’ee are of the opinion that the one who kills intentionally has to pay blood money as well. Their justification on this is the fact that if a person who kills unintentionally, and similar to that, has to pay 100 camels, then the person who killed intentionally should too. Though this opinion may seem fairer, we don’t have any evidence from Quran or Sunnah to support this view.
Similar to intentional:
The ruling of someone who does this:
In this case, a person can be forgiven by the murdered person’s family as well. The killer has to repent, free a slave (and if he can’t), fast for 60 days .
Unintentional:
If a person can’t afford the دية, then he is not responsible to pay it, but rather his tribe has to. In a situation where the man who killed and his tribe can’t pay, then the Muslim treasury has to pay it.
A family who has a member that was killed intentionally has three choices from the killer.
A person who kills unintentionally and similar to intentionally, still has to repent to Allah for forgiveness, as well as free a slave. If he can’t free a slave, then he must fast 60 consecutive days. Proof: وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ وَكَانَ اللّهُ عَلِيمًا حَكِيمًا 4:92 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 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. The reason for this compensation for unintentional killing is because (1) even though a person had no objective to kill someone, he still had a portion of role in killing that person. (2) This also shows us how much Islam honors the Muslim blood.
The issue of carrying weapons:
The Prophet said, “None of you should point towards his Muslim brother with a weapon, for he does not know Satan may tempt him to hit him and thus he would fall into a pit of fire (Hell)."(Sahih Al-Bukhari) Rasul (peace be upon him) said: He who pointed a weapon towards his brother, the angels invoke curse upon him even if he is his real brother so long as he does not abandon it (the pointing of weapon towards one’s brother Muslim). (Sahih Muslim)
The companions of Muhammad (be upon him) said that they were traveling with the Prophet (peace be upon him), and a man among them fell asleep. Some of the companions got a rope and tied him up, and he got scared.
Does a Muslim who kills another Muslim abide in the Hell fire forever?
Allah says in Quran:
The above mentioned verse says that the one who kills a believer lives in the Hellfire for eternity. On the other hand, we know that Allah forgives all sins accept Shirk (associating partners with Him). The scholars have the following opinions regarding this:
The strongest opinion of the three is the first. Ibn Umar and Ibn Abbas raddiya Allahu anhum say that a person who kills can not repent and be forgiven. They said this to deter people from killing. وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِن فَاءتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ 49:9 If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other then fight ye (all) against the one that transgresses until it complies with the command of Allah; but if it complies then make peace between them with justice and be fair: for Allah loves those who are fair (and just). In the previous aya, Allah specifically mentions “among the believers”. He did not call either of the two groups a kafir. So even if one group of the Muslims is wrong to fight, one cannot call them a kafir. فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاء إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ 2:178 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. Allah called the one who killed “their brother” Difference between the two terms:قتال and قتل Essentially the two words both mean the same: killing. The difference between the two words is the severity. قََتَلْ is more severe. For example, when a group of people occupy the Muslim lands, it is considered قتل . Every single occupier’s blood becomes lawful to be shed, women may be taken along with children as slaves. Whereas, قِتَالْ refers only to those who are not following the commands are killed. For example, during the time of Abu Bakr, there were a group of people that claimed that Zakah was not fard; therefore they did not pay it. So Abu Bakr fought them until they changed. This is less severe, since not as many are killed, and it’s done until people follow the Islamic rulings. Once the people start to practice the laws, then the killing must stop. Their wealth kids and women are not lawful for Muslims. In this hadith, the Prophet used the word kufr and not AL-kufr. The difference between the two is kufr is an aspect of al-kufr, but does not make one a disbeliever. Al-kufr refers to someone who is a disbeliever. The only time the sahaba used to consider someone under the second category is one who doesn’t pray. For all other Islamic rulings, he is not considered a kafir.
Drinking & Killing:
The case of a mentally ill:
|
had become Muslim, it would have been happier moment for him because the Prophet would have been happy.