Author: Mohammad Asem Ismail Zahi
The Wisdom and Philosophy of Qisas (Retribution) and Its Effects (Part 4)
Protection of the soul and preservation of life from the perspective of Islam
The Right to Life
The most fundamental and supreme human right that must be considered and given attention is the right to life, which is sacred and highly respected. Violation of its sanctity and transgression upon its boundaries are never permissible. Allah Almighty says: “وَلا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللهُ إِلا بِالْحَقِّ” Translation: “And do not kill the soul which Allah has forbidden [to be killed], except by right.” [1] (Meaning, killing a person is forbidden unless they become an apostate, commit adultery while married, or commit intentional murder).
The Prophet (peace and blessings of Allah be upon him) explained the truth that makes killing a person permissible in a hadith narrated by Ibn Mas’ud (may Allah be pleased with him): «لا يجلُّ دَمُ امْرِيءٍ مُسْلِمٍ يَشْهَدُ أَنْ لَا إِلَهَ إِلَّا الله وَ إِنِّي رسول الله إِلا بِإِحْدَى ثَلاثٍ: الثيبُ الزَّانِي وَالنَّفْسُ بِالنَّفْسِ وَالتَّارِكُ لِدِينِهِ المُفَارِقُ لِلْجَمَاعَةِ» Translation: “It is not permissible to shed blood and kill a Muslim who testifies that there is no god but Allah and that Muhammad ibn Abdullah is the Prophet and Messenger of Allah, except in three cases: a person who commits adultery after marriage, a person who commits murder unjustly, and a person who abandons his religion, that is, Islam, and separates himself from the Muslim Ummah.” [2]
And Allah the Exalted says: “وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إمْلَاقٍ نَحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ إنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا” Translation: “And do not kill your children for fear of poverty and hunger. We will provide for them and you. Verily, killing them is a great sin.” [3]
And Allah the Almighty says: “وَإِذَا الْمَوْؤُدَةُ سُئِلَتْ بِأَى ذَنْبٍ قُتِلَتْ” Translation: “And remember the Day when the girls who were buried alive will be questioned about what sin they were killed for and what their sin was.” [4]
Allah the Almighty has prescribed for those who spread murder and slaughter and make it their tradition and way, such a punishment and torture that He has not prescribed for any criminal.
The Prophet (peace and blessings of Allah be upon him) said: «لَيْسَ مِنْ نَفْسٍ تقتل ظلماً إلا كَانَ عَلَى ابْنِ آدَمَ الْأَوَّلِ كِفْلٌ مِنْ دَمِهَا، لِأَنَّهُ أَوَّلُ مَنْ سَنَّ الْقَتْلَ» Translation: “Whoever is killed unjustly, a share of the blood and murder of that person is on the shoulders of Cain, who killed Abel unjustly and established the custom of killing unjustly, and was the first to establish the custom of killing unjustly.” [5]
Islam is so keen on protecting life that it has threatened the severest punishment for anyone who considers bloodshed and killing permissible. Allah Almighty says in the Holy Quran: “وَ مَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزاؤُهُ جَهَنَّمُ خَالِداً فِيهَا وَغَضِبَ اللهُ عَلَيْهِ وَلَعَنَهُ وَ أعَدَّ لَهُ عَذَاباً عَظِيماً” Translation: “Whoever kills a believer intentionally and unjustly, his recompense is the Fire of Hell, to abide therein forever, and Allah will be angry with him, and He will reject him from His mercy, and He has prepared for him a great and painful punishment.” [6]
In this verse, the punishment for the murderer on the Day of Judgment is painful and eternal torment in the fire of Hell, and the wrath and curse of Allah the Exalted, and a great punishment.
The Prophet, (PBUH), said: «لَزَوَالُ الدُّنيا أَهْوَنُ عَلَى اللهِ مِنْ قَتْلِ مُؤْمِنٍ به غير حق» Translation: “Indeed, the extinction of the world is easier for Allah the Exalted than killing a believer unjustly, meaning that killing a believer is so great and its sin is so great.” [7]
Imam Tirmidhi (may Allah bless him) narrated with a good chain of transmission from Abu Sa’eed (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: «لَو أنَّ أَهْلَ السَّماءِ وَ أَهْلَ الْأَرْضِ اشْتَرَكُوا فِي دَمِ مُؤْمِنٍ، لأكَبَهُمُ اللهُ فِي النَّارِ» Translation: “If all the inhabitants of the heavens and the earth were to participate in killing and shedding the blood of a believer, Allah the Almighty would cast them all into the Fire as punishment for it.” [8]
Imam Bayhaqi (may Allah bless him) narrated from Ibn Umar (may Allah be pleased with them) that the Prophet (peace and blessings of Allah be upon him) said: «مَنْ أَعانَ عَلَى دَم امْرِي مُسْلِمٍ بِشَطْرِ كَلِمَةٍ، كُتِبَ بَيْنَ عَيْنَيْهِ يَوْمَ الْقِيَامَةِ: آيس مِنْ رَحْمَةِ الله» Translation: “Whoever participates in the murder of a Muslim with even a half-word and helps to kill him, it will be written on his forehead on the Day of Judgment: He despairs of Allah’s mercy.” [9]
This is because the murderer destroys the structure that Allah has built and takes the life and livelihood of the victim, and therefore it is an infringement on the rights of relatives and family members who felt honored and proud of and benefited his existence and are deprived of his valuable existence with his loss. Murder is forbidden, whether it is the killing of a Muslim by a non-Muslim or suicide. It is stated in the hadiths that the murderer of a non-Muslim is unjustly in the fire of Hell. Imam Bukhari (may Allah bless him) narrated from Abdullah ibn Amr ibn al-Aas (may Allah be pleased with them) that the Prophet (peace and blessings of Allah be upon him) said: «مَنْ قَتَلَ مُعَاهَداً لَمْ يُرْح رَائِحَةَ الْجَنَّةِ وَ إِنَّ رِيحَهَا يُوجَدُ مِنْ مَسِيرَةِ أَرْبَعِينَ عاماً» Translation: “Whoever kills a non-Muslim who has a treaty with Muslims, or a Muslim has entrusted him with a trust, or a ruler has given him a security, or a contract of Jizyah has been concluded with him, such a person will not smell the fragrance of Paradise, even though the fragrance of Paradise can be felt from a distance of forty years’ journey, meaning he will not enter Paradise.” [10]
Continues…
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References:
1. Surah Al-Asra, Verse: 33.
2. Al-Sijistani, Sulayman ibn al-Ash’ath, Sunan Abi Dawud, Vol. 4, p. 222, Punishments, Chapter on the Ruling on Those Who Apostatize, Hadith No.: 4354, Publisher: Dar Al-Fikr.
3. Surah Al-Asra, Verse: 31.
4. Surah Al-Takwir, Verses: 8-9.
5. Al-Qazwini, Muhammad ibn Yazid, Sunan Ibn Majah, Vol. 2, p. 873, Book of Blood Money, Chapter on the Severe Punishment for the Unjust Killing of a Muslim, Hadith No.: 2616, Dar Al-Fikr – Printing, Publishing, and Distribution.
6. Surah Al-Nisa, Verse: 93.
7. Al-Qazwini, Muhammad ibn Yazid, Sunan Ibn Majah, Vol. 2, p. 874, Book of Blood Money, Chapter on the Severe Punishment for the Unjust Killing of a Muslim, Hadith No. 2619, Dar Al-Fikr – Printing, Publishing, and Distribution.
8. Al-Tirmidhi, Muhammad ibn Isa, Al-Jami’ Al-Sahih Sunan Al-Tirmidhi, Vol. 4, p. 17, Blood Money, Chapter on the Ruling on Blood Money, Hadith No. 1398, Publisher: Dar Ihya’ Al-Turath Al-Arabi – Beirut.
9. Al-Bayhaqi, Abu Bakr Ahmad ibn Al-Husayn, Shu’ab Al-Iman, Vol. 4, p. 346, Chapter on the Hadith Mentioned in the Thirty-Sixth Chapter of the Sections of Faith, which is a Chapter on the Prohibition of Killing Lives and Crimes Against Them, Hadith No. 5346, First Edition: 1344 AH, Publisher: Council of the Nizamiyya Encyclopedia of India, Hyderabad.
10. Al-Bukhari, Muhammad ibn Ismail, Sahih al-Bukhari, Vol. 4, p. 99, Book of Friday, Chapter on the one who waits until the body is buried, Hadith No.: 3166, Third Edition, 1407-1987, Publisher: Dar Ibn Kathir, Al-Yamamah – Beirut.
