2. • QAT’L (HOMICIDE)
• In no other Religion in the World Human life is considered to
be so Sacred that one mans murder is considered to be the
murder of the entire human race, and whoever saves a life it is
as if he had saved the lives of all mankind.
• Qur’an 5:32 Because of that We ordained for the Children of
Israel that if anyone killed a person not in retaliation of
murder, or (and) to spread mischief in the land it would be as if
he killed all mankind,
• And if anyone saved a life, it would be as if he saved the life of
all mankind.
• And indeed, there came to them Our Messengers with clear
proofs, evidences, and signs, even then after that many of
them continued to exceed the limits (e.g. by doing oppression
unjustly and exceeding beyond the limits set by Allâh by
committing the major sins) in the land!.
3. • THE RECOMPENSE OF THOSE WHO WAGE
WAR AGAINST ALLÂH
• Qur’an 5:33 The recompense of those who wage war
against Allâh and His Messenger and do mischief in
the land is only that they shall be killed or crucified or
their hands and their feet be cut off on the opposite
sides, or be exiled from the land. That is their disgrace
in this world, and a great torment is theirs in the
Hereafter.
• Qur’an 5:34 Except for those who (having fled away
and then) came back (as Muslims) with repentance
before they fall into your power; in that case, know
that Allâh is OftForgiving, Most Merciful.
4. • DO YOUR DUTY TO ALLÂH
• Qur’an 5:35 O you who believe! Do your duty to Allâh
and fear Him. Seek the means of approach to Him, and
strive hard in His Cause as much as you can. So that you
may be successful.
• IF THEY HAD ALL THAT IS IN THE EARTH
• Qur’an 5:36 Verily, those who disbelieve, if they had all
(gold money) that is in the earth, and as much again
therewith to ransom themselves thereby from the
torment on the Day of Resurrection, it would never be
accepted of them, and theirs would be a painful torment.
5. • Narrated by Anas Bin Malik, the Prophet
Mohammad. (sas) said; The Biggest of Al–
Kaba’ir (The Great Sin) are:
1. To join other as partners in worship with
Allah (swt)
2. To Murder a human being.
3. To be undutiful to one’s Parents,
4. And to make a False Statement, or to give a
false witness. (Al–Bukhari, vol. 9 – H. no. 10)
6. • DO NOT KILL ANYONE
• Qur’an 17:33 And do not kill anyone which Allâh has
forbidden, except for a just cause.
• And whoever is killed (intentionally with hostility and
oppression and not by mistake), We have given his heir the
authority (to demand Qisâs, Law of Equality in punishment
or to forgive, or to take Diya (blood money).
• But let him not exceed limits in the matter of taking life (i.e
he should not kill except the killer only). Verily, he is helped
(by the Islâmic law).
• In this verse, homicide has been distinguished from
destruction of life carried out in pursuit of justice, only a
competent Qadi will decide whether or not an individual has
forfeited his right to life by disregarding the right to life and
peace of other human beings.
7. • HOMICIDE AS THE GREATEST SIN NEXT TO POLYTHEISM
• Prophet Muhammad (sas) has declared Homicide as the
greatest sin only next to Polytheism (Shirk) he said: “The
greatest sins are to associate something or someone with Allah
(swt) and to kill human beings.”
• ONE FORFEIT (paglabag) one’s right to life in the following five
situations:
1. Law of equality (Qasas) applied for a criminal who killed
someone intentionally
2. In the war of defense (Jihad) against the enemies of Islam, it
is natural that some of the combatants will be killed
3. Punishment of death to the traitors who try to plot to
overthrow Islamic Government
4. A married man or woman who is had punishment for
adultery
5. Those who commit highway robbery (Hirabah)
8. • COMMITING A MURDER OF A MUSLIM
• The crime of committing a murder of a Muslim is
so very horrible that the criminal after getting
his had punishment, still goes to Hell and
become an object of anger and curse of Allah
(swt)
• Qur’an: 4:93 “And whoever kills a believer
intentionally, his recompense is Hell to abide
therein, and the Wrath and the Curse of Allah
(swt) are upon him, and a great punishment is
prepared for him.”
9. • EVEN A CHILD WHO IS AN EMBRAYO
• It is not merely the life of a grown up
person, even the life of a child or even a
child who is an embryo and not yet born
must not be taken under any pretext
whatsoever.
• No amount of poverty and hunger must
drive a man or woman to kill children.
10. • Qur'an: 6:151 SAY, ‘O MUHAMMAD (SAS) “COME, I
WILL RECITE WHAT YOUR LORD HAS PROHIBITED YOU
FROM;
Join not anything in worship with Him (Allah swt):
Be good and dutiful to your Parents;
Kill not your Children because of poverty We provide
sustenance for you and for them:
Come not near Al-Fawahish (shameful sins, illegal
sexual intercourse) whether committed openly or
secretly:
And Kill not anyone whom Allah (swt) has forbidden,
except for a just cause, (according to Islamic law). This
He has commanded you that you may understand.
11. • “EVEN IN KILLING ANIMALS FOR FOOD”
• It is not only that human life is sacred, but all life
is sacred. Even in killing animals for food, a
dedicatory formula is “Bismillah Allahu Akbar”
has to be employed.
• “ABORTION IS A GREAT SIN”
• Killing embryo’s through abortion is becoming a
fashion in the modern society of today. Some
medical practioners are also culprits of killing
children in embryo in order to earn quick
money.
12. • “BOTH THE PARENTS AND DOCTORS ARE
GUILTY”
• The parents of such child ye to be born and the
doctors who perform such operations are all guilty
of this crime.
• These little children will be asked by Allah (swt) on
the day of resurrection with great anger.
• Qur’an: 81:8-9 And when the female (infant)
buried alive is questioned: for what sin, was she
killed?
13. • Narrated Al Mughira bin Shubah (raa) the
Prophet Muhammad (saws) said; Allah (swt)
has forbidden for you:
• 1. To be undutiful to your mothers
• 2. To bury your daughters alive,
• 3. Not to pay the rights of the others (e.g.,
charity)
• 4. And to beg of men (begging) (Al-BukhariI vol. 3 H.
no.591)
14. • “SUICIDE IS THE WORK OF COWARD”
• Not only is the killing of others forbidden in Islamic
“Shariah”, one even has no right to take his own life.
• Suicide is the work of a coward, and a great punishment
a waits him in the next world.
• Qur’an: 4:29 And do not kill yourselves (nor kill one
another). Surely, Allah (swt) is most merciful to you.
• Qur’an: 4:30 And whoever commits that through
aggression and injustice, we shall cast him into the fire,
and that is easy for Allah (swt).
15.
16. • SUICIDE BY THROTTLING / STABBING HIMSELF
Narrated Abu Huraira (raa) the Prophet Mohammad (saws) said:
He who commits suicide by throttling shall keep throttling himself
in the hell-fire, and he commits suicide by stabbing himself shall
keep on stabbing himself in the hell-fire. (S.Al-Bukhari vol.2-H. no.446)
The Prophet Mohammad (saws) said: In his farewell Pilgrimage
(Hajj Al-Wida) address on this subject: “O people, your blood,
property and honor are made completely forbidden upon one
another.
The respect for these things is such as it is the respect of this (Day
of Pilgrimage), and the respect of the month of Dhul Hijjah, and
the respect of this City (of Makkah).
Beware, let it not happen after me that you begin to take each
others lives and be in the category of unbelievers. (S. Al-Bukhari)
17. • SACREDNESS OF LIFE IN ISLAM
• In other words, life is so very sacred in Islam that it cannot
be taken for sports or for any sacrificial or medical
purposes.
• As far as the question of taking life in retaliation for murder
or the question of punishment spreading corruption on this
earth is concerned, it can be decided only by a proper and
competent Qadi and court.
• ABOUT WAR
• If there is any war with any nation or country, it can be
decided only by a properly established government.
• In any case no human being has any right by itself to take
human life in retaliation or for causing mischief on this
earth.
18. • HE HAS SLAIN THE ENTIRE HUMAN RACE
• Therefore, it is incumbent on every human being that under no
circumstances should be guilty of taking a human life, if any one has
murdered a human being; it is as if he has slain the entire human
race.
• EXCEPT THROUGH THE DUE PROCESS OF LAW
• Qur’an: 6:151 “Do not kill a soul which has made sacred except
through the due process of law”
• NOT BE KILLED THE SAME INSTRUMENT
• The treatment of the murderer should be the same as his horrible act
that is his own life should be taken just as he took the life of his
fellow man. This does not mean that he should also be killed with the
same instrument or weapon.
19. • “JAHILIYYAH”
• During the Jahiliyyah period before Islam: The
Arabs were always prone to take revenge even if
it was done from centuries.
• If the murdered belonged to a higher rank,
instead of taking his life, they would insist of
taking the life of a totally innocent person of
higher rank from his clan.
• The injunctions on Qasas (the Law of equality) in
the Qur’an are based on the principles of strict
justice and equality of the value of human life.
20. • BUT IF THE KILLER IS FORGIVEN BY THE BROTHER
• Qur’an: 2:178 “O you who believe! Al Qisas (the Law of
equality in punishment) is prescribed for you in case of
murder: The free for the free, the slave for the slave, and
the female for the female.
• But if the killer is forgiven by the brother (or the
relatives, etc) of the killed against Blood Money, then
adhering to it with fairness and payment of the blood
money to the heir should be made in fairness.
• This is alleviation and a mercy from your Lord. So after
this whoever transgresses the limits (i.e. kills the killer
after taking the blood-money), He shall have a painful
torment.
21. • THE IMPORTANT OF QASAS
• Qur’an 2: 179 And there is (a saving of) life for you in Al-
Qisas, O’ men of understanding, that you may become Al-
Muttaqun (the pious).
• In this verse, Islam has mitigated the horrors of revenge and
retaliation which were practiced in the Jahiliyyah period.
• QASAS IN THE BOOK OF AHLAL-KITAB
• The law of Qasas was not totally new to the Ummah of
Prophet Muhammad (sas). The followers of other religions
who believe in the revealed books of Allah (swt) were also
given the law of Qasas:
22. • LIFE FOR LIFE
• Qur’an 5:45 And we ordained therein for them:
“Life for life, eye for eye, nose for nose, ear for
ear, tooth for tooth, and wounds equal for equal”.
• But if anyone remits the retaliation by way of
charity, it shall be for him expiation.
• And whosoever does not judge by that which
Allah (swt) has revealed, such are the Zalimun
(polytheist and wrongdoers).
23. • “Narrated Abdullah (raa) Allah’s messenger (sas)
said; “The blood of a Muslim who confesses that
LA ILAHA ILLALLAH WA ASHADU ANNA
MUHAMMADAR-RASULLULLAH cannot be shed
except in three cases.
1- Life for life in case of intentional murder without
right.
2- A married person who commits illegal sexual
intercourse.
3- And the one who revert from Islam (Apostates)
and leaves the group of Muslims (by innovating
heresy, new ideas, and new things in the Islamic
Religion). (S Al-Bukhari, vol-9. H. no. 17)
24. • “BLOOD MONEY“
• The relative or the person who suffers from the death of
the murdered man can make a remission, and ask for
Diyah or Blood Money instead.
• UNINTENTIONAL KILLING
• The blood money can also take the place of a death
sentence if it is proved that it was an unintentional killing.
• Qur’an: 4:92 It is not for a believer to kill a believer
except (that it be) by mistake, and whosoever kills a
believer by mistake, he must set free a believing slave and
a compensation (Blood Money-Diyah) be given to the
deceased’s family unless they remit it.
25. TO BE PAID FROM THE STATE TREASURY
In which the murderer’s intention is doubtful, Diyah (Blood
money) is too paid,
And where the murderer could not be discovered, Diyah
was to be paid from the state treasury,
If a group of people kills one person jointly, all of them will
be killed.
A MAD MAN KILLER SHOULD BE PAID BY HIS RELATIVES
If a person who is drunk kills another person, he is killed,
but if a mad man kills a person, the Diyah should be paid
by his relatives.
26. BOTH OF THEM WILL BE KILLED
A woman shall be killed for killing a man, and a man
shall be killed for killing a woman.
TO BE PAID A WHOLE DIYAH
Whosoever is made to suffer the loss of both his
hands is paid a whole Diyah as in case of homicide.
Similarly, in respect of a loss of both legs, and loss of
both eyes, a complete Diyah is to be paid.
And if a man is made to suffer the loss of one of
these, he is paid half of complete Blood Money.
27. • A COMPLETE BLOOD-WIT IS TO BE PAID
• In respect of a nose whose cartilage separating the base
of the nostrils, a complete blood-wit is to be paid.
• The same rule will apply when a loss of hearing is
inflicted, or when loss of mental balance occurs,
• Or when the backbone is broken of testicles are
impaired,
• Or when the glands of the penis are destroyed,
• Or when the tongue is made useless;
• Or when the power of speech is deprived,
• For a destroying the two bosoms of a woman,
• Or the eye of the one-eyed person a full blood-wit will
also be paid. (Al-Qayrawani-Risalah), op-cit-ch.37: Babfi Ahkamal -
Da’wal Hudud ch.37 pp.121-130)
28. • ANYONE KILLS A BELIEVER
• Al-Nisa 4:93 And if anyone kills a believer deliberately, his recompense
his hell to remain therein forever. And Allah’s anger will be upon him
and his curse, and a great punishment will be prepared for him.
• PUNISMENT WILL BE DOUBLED
• Al-Furqan 25:68 (The servants of the Most merciful are, among
others,) And those who do not call upon any other god together with
Allah (swt),
• nor kill any person whom Allah (swt) has prohibited except for just
cause,
• nor commit illegal sexual intercourse - and whoever does this shall
receive the punishment.
• 25:69 The torment will be doubled to him on the Day of resurrection,
and he will abide therein in disgrace;
• 25:70 Except those who repent and believe [in Islamic Monotheism]
and do righteous deeds; for those, Allah will change their sins into
good deeds, and Allah is Oft-Forgiving, Most Merciful.
29. • “AVOID THE SEVEN NOXIOUS THINGS”
• There is some difference of opinion among scholars in this
regard. Some say these major sins are seven, and in support
of their position they quote the traditions: “Avoid the seven
noxious things” and after having said this, the Prophet
Mohammad (saw) mentioned among them:
1. Associating anything with Allah (swt)
2. Magic,
3. Killing one whom Allah (swt) has declared inviolate
without a just cause,
4. Consuming the property of an Orphan,
5. Devouring Usury,
6. Turning back when the army advances,
7. And Slandering Chaste women who are believers but
indiscreet” (Bukhari and Muslim)
30. • “THE ONE WHO KILLS AND THE ONE WHO IS
KILLED WILL GO TO HELL.”
• The Prophet (sas) said: “When two Muslims meet
with their swords, the one who kills and the one
who is killed will go to hell.
• “When he was asked, O Messenger of Allah (sas)
that one was the killer? But what was wrong with
the one who was killed?
• “He replied, “He was eager to kill his companion.”
(Bukhari, Muslim and Ahmad Ibn Hanbal).
31. • FIGHTING FOR PERSONAL CAUSE
• In explaining the meaning of this tradition,
Imam Abu Sulayman (Yahya Bin Ya’mar says:
“This is when the two Muslims are) not
fighting each other for some legitimate
cause;
But rather for the sake of personal enmity,
or group of partisanship,
or for the sake of wealth,
or leadership or fame. (Bukhari and Muslim)
32. • TO DEFEND HIS LIFE OR FAMILY
• However, if someone is fighting a rebellious people for a
reason which makes fighting them necessary, or is
fighting to defend his life or his family, he is not included
in (the meaning of) this tradition in such a case, the fight
is imposed on him by the attacker and he is forced to
defend himself.
• In such instances, the tradition does not apply to the
person who is fighting for a just cause, but it applies to
the cases which we have mentioned above. And Allah
(swt) knew best.”
• Allah’s Messenger (saws) said, “You must never revert to
infidelity [kawalan ng pananampalataya] after my death
and cut off one another’s heads.”
33. SHEDDING OF BLOOD WILL BE THE FIRST
Shedding of blood will be the first matter
about which judgment will be given on the
Day of Resurrection.” (Bukhari and Muslim)
This is part of the Prophet sermon at Mina on
the Day of Sacrifice during the Last
Pilgrimage.
34. NOT TO KILL A MAN WHO HAS A COVENANT
• Therefore, if this is the case for killing a man who has
made a covenant, which means a Jew or a Christian who
is a resident in Muslim land (Dar AL-Islam). What is
thereto? Be said about the killing of a Muslim?
• Allah’s Messenger (sas) said: “Beware! If anyone kills a
man who has made a covenant, whose life is guarantee
by Allah and His messenger, he has broken Allah’s
guarantee
• And will not experience the fragrance of the Garden, yet
its odor can be experienced at a distance of fifty years
journey.” (Tirmidhi)
35. • HELPS IN KILLING A MUSLIM
• He also said: “If anyone helps in killing a Muslim to
the extent of a word, he will meet Allah’s
Despairing of Allah’s Mercy written on his
forehead.”
• Mu’awiyah (raa) reported Allah’s Messenger (sas)
as saying: Allah may forgive all the sins of a man,
except in the case of one who dies a Polytheist,
• Or one who purposely kills a believer.” (Nisai and Hakim)
36. • THE GREATEST SIN ALLAH’S SIGHT
• Ibn Mas’ood (raa) said that he asked: Messenger of Allah,
what is the greatest sin in Allah’s sight? He replied:
• That you should treat anything as equal to Allah, whereas
he created you.” Ibn Mas’ood said: “Truly, that is great.
What next? He replied:
• That you should kill your child for fear that he may eat along
with you.”
• Ibn Mas’ood said: What next? To which he replied:
• That you should commit adultery with your neighbor’s
wife.”
37. • HE BORE WITNESSES FOUR TIMES AGAINST
HIM SELF
• Narrated Jabir bin Abdullah Al-Ansari (raa) a man
from the tribe of Bani Aslam came to Allah’s
Messenger (sas) and informed him that he had
committed illegal sexual intercourse and he bore
witness four times against himself,
• Allah’s Messenger (sas) ordered him to be stone
to death as he was a married person. (Sahih Al-Bukhari
vol.8, H. no. 805)
38. • ONE HUNDRED LASHES
• Prophet (saws) said: “Take from me accept from me,
undoubtedly Allah has now shown path for them
(adulterers) for unmarried persons (guilty of fornication),
• the punishment is one hundred lashes and an exile for one
year,
• for married adulterers, it is one hundred lashes and
stoning to death.
• But some jurists are of the view that an offender is going
to be stone to death, there is no need to punish him with
100 lashes as the Prophet (sas) stoned to death.
• Two Jewish adulterers and did not punish them with
lashes, this Hadith is the fulfillment of Allah’s promise to
ordain some way.
39. • On the other hand, Sayyidna Ali, the fourth Caliph,
punished a woman with lashes on a Thursday and stoned
her to death on Friday.
• He maintained that he gave lashes according to the
command of Allah (swt) and stoned her according to the
command of the Messenger of Allah. [S. Al-Bukhari-Kitab Al-
Hudud]
The following conditions must be fulfilled before the Hadd
of stoning to death is applied:
1. The offender must be sane
2. He must be a Muslim
3. He must be married
4. He must have reached the age of puberty
5. He must be a free man and not a slave
40. • “THE METHOD OF AWARDING PUNISHMENT”
• The idea behind awarding the seemingly harsh punishment
is that it should serve as a deterrent to the society.
• “THE QADI (THE JUDGE)”
• A very grave responsibility lies on the judge before he gives
verdict to stone the guilty person to death.
• “FOUR RELIABLE, AND PIOUS MUSLIM“
• This form of punishment is only accorded when it is proved
beyond any doubt through the testimony of four reliable and
pious Muslim witnesses given at the same time, that they
saw the guilty person actually committing the offence.
41. • “FAVOR OF THE ACCUSED”
• The benefit of the slightest doubt in the statement of
testimony of the witnesses should go in favor of the
accused.
• “The only other proof of the guilt of the accused” may
come in the form of four confessions which such
accused makes completely voluntarily in one
situation.
• “RETRACTS HIS CONFESSION THE FOURTH TIME”
• If he confesses three times but retracts his confession
the fourth time, he should not be stoned.