Lesson 83 Felonies. Deliberate murder The penalty for deliberate murder is retaliation by killing...

Lesson 83

Felonies

Deliberate murder

The penalty for deliberate murder is retaliation by killing the perpetrator.

The family of the victim has the choice of either retaliation, receiving blood money,

or forgiveness.

Blood money

In the time of the Prophet (SAWS), blood money was equal to a thousand Mithqal of gold (a Mithqal of gold is

about 5 grams), twelve thousand dirham of silver (a dirham of silver is ~ 3.5 gm), a hundred camels, two hundred cows,

or two thousand of sheep.

Killing by mistake

The penalty for murder by mistake is blood money and expiation which is either to

release a slave (in the old days), or fasting for two consecutive months.

The blood money is not given to the family of the victim if they are enemies of Islam,

and in the case of war.

Manslaughter

 The penalty for manslaughter in a deliberate injury such as the attack that leads to death without premeditation is blood money exacted in hard conditions

plus expiation.

Felony of the limbs

The penalty for felony of the limbs is retaliation if it is deliberate or blood

money according to the victim's choice. Every organ has its estimated blood

money.

Deliberate wound

For every deliberate wound on any part of the body, there is blood money to be

given to the victim.

Evidence from the Qur’an and Sunnah

Deliberate murder:

Allah says:

و�ل�ى ﴿ أ� يا ياة� ح اص� ص ال�ق� ف�ى لك�م� و

ل�باب� ﴾األ

: [179البقرة]

This means:

“And there is (a saving of) life for you in Al-Qisas (the Law of Equality in

punishment), O men of understanding.”

(Al-Baqarah: 179)

And says:

ن�م� ﴿ ه ج اؤ�ه� ز ج ف د!ا تعم# م' ن!ا ؤ�م� م� ت�ل� يق� ومنا يه ف� ال�دا! خ

عذاب!ا له� عد�أ و لعنه� و علي�ه� الله� ب وغض�

ا ﴾عظ�يم!: [93النساء]

This means: “And whoever kills a believer intentionally,

his recompense is Hell to abide therein, and the Wrath and the Curse of Allah are

upon him, and a great punishment is prepared for him.”

(An-Nisa’: 93)

And:

ات#باع� ﴿ ف ء� ي� ش يه� أخ� م�ن� له� ي ع�ف� من� فوف� ع�ر� ب�ال�م

  ان< ب�إ�ح�س �لي�ه� إ داء� أ ﴾و

    : [178البقرة]

This means: “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.”

(Al-Baqarah: 178)

Allah says:

الله� ﴿ على ه� ر� ج�أ ف لح ص�

أ و ا عف من� ﴾ف : [40الشورى]

This means:

“But whoever forgives and makes reconciliation, his reward is due from

Allah.”

(Ash-Shura: 40)

And says:

س ﴿ الن�ف� أن� ا يه ف� م� علي�ه� كتب�نا وس� ... ﴾ب�الن�ف�

: [45المائدة]

This means:

“And We ordained therein for them: "Life for life."” (Al-Ma’idah: 45)

The Messenger of Allah (SAWS) said:

“The first (thing) that will be decided among people on the Day of Judgment

will pertain to bloodshed.”

(Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“A believer continues to stick to his faith as long as he does not shed blood

unlawfully.”

(Reported by al-Bukhariyy)

He (SAWS) also said:

“And if somebody is killed, his closest relative has the right to choose one of two

things, i.e., either the blood money or retaliation by having the killer killed.” (Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“Allah augments the honor of him who forgives.”

(Reported by Muslim)

He (SAWS) also said:

“A believer will not be killed for an infidel.”

(Reported by al-Bukhariyy)

The Prophet (SAWS) said:

“A father shall not be killed for his son.” (Reported by Ahmad)

Murder by mistake or near-deliberate injury:

Allah says:

بة< ﴿ ق ر ر�ير� تح� ف ئ!ا طـ خ ن!ا ؤ�م� م� تل ق ومنأن إ�ال� ل�ه� ه�

أ �لى إ ة� ل�م م'س د�ية� و نة< ؤ�م� م'وا د�ق� ﴾يص�

: [92النساء ]

This means:

“And whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation

(blood money, i.e Diyah) be given to the deceased's family, unless they remit it.”

(An-Nisa’: 92)

 Indemnity:

`Abdullah Ibn-`Abbas (RA) narrated:

“A man of Banu `Adi was killed. The Prophet (SAWS) fixed his blood money

at the rate of twelve thousand (dirhams).”

(Reported by an-Nasa’iyy and Abu-Dawud)

He (SAWS) also said:“The blood money for unintentional

murder which appears intentional, such as is done with a whip and a stick, is one hundred camels, forty of which

are pregnant.” (Reported by an-Nasa’iyy)

He (SAWS) also said:

“Blood money for every wound which lays bare a bone is five camels.”

(Reported by at-Tirmidhiyy)

The Prophet (SAWS) enjoined (as a retaliation) ten camels for the wound

which splinters a bone in the body.

(Reported by Al-Bayhaqiyy and `Abdur-Razzaq)

He (SAWS) also said:

“Ten camels were to be paid for every finger, and five camels for every tooth.

The fingers are equal and the teeth are equal.”

(Reported by Ahmad)

Wounds:

Allah says:

واأل�ذ�ن... ﴿ ب�األنف� واألنف ب�ال�عي�ن� ال�عي�ن وذ�ن�

ب�األ�... اص� ق�ص وح ر� ال�ج� و ن# ب�الس# ن� ﴾والس#

: [45المائدة]

This means:

“Eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.”

(Al-Ma’idah: 45)