9e. Retaliation in Islam

Law of Retaliation in Islam

Majority of Muslims in the world have no idea what Islamic laws consists of. They are unaware of so many shocking laws that when they are informed about it they can’t hide their shock and surprise. Let’s examine how sick these Islamic laws are.

Sharia Law Book: Reliance of the Traveller: A Classic Manual of Islamic Sacred Law

Who is Subject to Retaliation for Injurious Crimes
o1.1 – Retaliation
Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.)

o1.2 The following are not subject to retaliation:
-1- a child or insane person, under any circumstances
-2- a Muslim for killing a non-Muslim;
-3- a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences);
-4- A father or mother (or their fathers of mothers) for killing their offspring, or offspring’s offspring;

Reliance of the Traveller: A Classic Manual of Islamic Sacred Law- (‘Umdat al-Salik o1.1-2)
Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 508, o1.1-2)

Q2:178 – 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 an 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.

-This punishments prescribed in the above passage cannot be considered capital punishments for they do not call for the life of the offender to be taken. The Qur’an calls for equal retaliation so that if a man kills another man’s wife, then the wife of the killer must also be killed. If a free man kills a slave then his slave must be killed or value of slave must be paid.

Q5:45 – In the Torah We made mandatory for the Jews these rules of retaliation: Capital punishment for the murder of a person; an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a just compensation for a wound. If the perpetrator is forgiven by the affected party, this will be an expiation of his crime. Those who do not judge according to what God has revealed are unjust.

Q4:92 – It is not rightful for a Muslim to kill another Muslim, unless it occurs by mistake; and the one who mistakenly kills a Muslim must set free a Muslim slave and pay blood-money to the family of the slain, except if they forego it; and if the victim is of a people who are hostile to you, and the killer is a Muslim, then only the setting free of a Muslim slave (is obligatory); and if the victim is from a people between whom and you there is a treaty, then blood-money must be paid to his family and the setting free of a Muslim slave; therefore one who has no means must fast for two consecutive months; this is his penance before Allah; and Allah is All Knowing, Wise.

-Q4:92 explained in detail.
If a believer kills a believer by mistake, then he/she should:
1. If the believer belonged to the same tribe or other Muslim tribes, then free a believing slave, and pay compensation to the family of the deceased unless they remit it freely.
2. If the deceased was a Muslim and belonged to non-Muslims at war with us, then free a believing slave. The reason why his family wouldn’t get compensated is because they are not believers. Unless they are believers, no money shall be paid to them.
3. If the deceased was a Muslim and belonged to non-Muslims who were allies with us, then free a believing slave and pay compensation to his non-Muslim family.
4. If any of the above is not possible for the accidental murderer, then fast for two months consecutively.

-If a father/mother kills his/her son/daughter they don’t incur any punishment, they only pay blood-money.
Jami` at-Tirmidhi – Book 14, Hadith 1399
Narrated Suraqah bin Malik bin [Ju’shum]: “The Messenger of Allah judged that the son is to suffer retaliation for [killing] his father, but the father is not to suffer retaliation for [killing] his son.”

Jami` at-Tirmidhi – Book 14, Hadith 1400
Narrated ‘Umar bin Al-Khattab: that the Messenger of Allah said: “The father does not suffer retaliation for [killing] the son.” [Al-Albani graded it Saheeh (sound)]

Jami` at-Tirmidhi – Book 14, Hadith 1401
Narrated Ibn ‘Abbas: that the Prophet said: ‘The Hudud are not carried in the Masjid, and the father is not killed for the son.”

Sunan Ibn Majah – Book 21, Hadith 2661 & 2662
It was narrated from Ibn ‘Abbas that the Messenger of Allah said: “A father should not be killed for his son.”

Ahmad bin Hanbal – Volume 1, Page 80, Hadith 98
It was narrated that Mujahid said: A man struck a son of his with a sword and killed him. The matter was referred to ‘Umar and he said: Were it not that I heard the Messenger of Allah say, “No father should be executed in retaliation for killing his son,” I would have executed you before you left. Comments: [Hasan lighairihi, and in its isnad is interrupt]

Ahmad bin Hanbal – Volume 1, Page 102, Hadith 148 & 147
‘Umar bin al-Khattab said: I heard the the Messenger of Allah say: “No father is to be killed in retaliatory punishment for killing his son.” Comments: [A hasan hadeeth]

Ahmad bin Hanbal – Volume 1, Page 202-203, Hadith 346
It was narrated from ‘Amr bin Shu’aib from his father that his grandfather said: A man killed his (own) son deliberately and the case was referred to ‘Umar bin al-Khattab who ruled that the murderer should pay one hundred camels [as diyah]: thirty three year old she-camels, thirty four year old she-camels and forty five year old she-camels. He said: And the killer does not inherit anything. Were it not that I heard the Messenger of Allah say, “No father is to be killed in retaliation for his son,” I would have executed you. Comments: [A hasan hadeeth]

Shafi school is of the view that father is not to be killed for killing his son.
Hanbali school is of the view that father is not to be killed for killing his son.
Hanafi school is of the view that father is not to be killed for killing his son.
Maliki school is of the view that father should only be killed if intentionally killing his son.

Al-Mughni, authored by Ibn Qudaamah reads: “In conclusion, the father is not to be killed on account of killing his son, and the grandfather is not to be killed for killing his grandson, regardless of how distant they are in generation or whether they are the grandchildren from the sons or the daughters. Among those from whom it was reported that the father is not killed due to killing his son, was ‘Umar ibn Al-Khattaab. This is also the view of Rabee’ah, Ath-Thawri, Al-Awzaa’i, Ash-Shaafi’i, Is-haaq and the scholars of the Hanafi school of jurisprudence. However, Ibn Naafi’, Ibn `Abd Al-Hakam and Ibn Al-Munthir said: “The father is to be killed for killing his son.” Malik said: “If he kills him by throwing a sword at him and the like, he is not killed for killing his son in this manner, and if he slaughters him or kills him in a manner that undoubtedly suggests that the father had the intent to kill him without trying to discipline him first, then legal retribution should be applied to him. The mother in this regard is like the father. This is the correct view of our school of jurisprudence, and this is the view acted upon by those who consider that there is no legal retribution on the father [due to killing his son]. It was reported from Ahmad what indicates that he does not exempt the mother from legal retribution.” [End of quote]

http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&lang=E&Id=138307
http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&lang=E&Id=199565

-If one of the spouses kills the other.
On the other hand, if one of the spouses killed the other, the killer will be killed unless the killer has a child from the other and thus the killer will not to be killed for killing the other.

Hanbali jurisconsult and theologian Ibn Qudaamah said in Al-Mughni: “If one of the parents killed the other and they have a child, then Qisaas will not be obligatory. That is because if it is obligatory, it (Qisaas) will be the right of the child and there is no Qisaas for the child against any of his parents because neither of them is to be killed for killing him, then how will he be given the right to kill them for killing other than him?”

Jami` at-Tirmidhi – Book 14, Hadith 1407
Narrated Abu Hurairah: “A man was killed during the time of the Messenger of Allah, so the killer was brought to the man’s guardian. The killer said: ‘O Messenger of Allah! By Allah! I did not mean to kill him.’ So the Messenger of Allah said: ‘Then if what he is saying is true, and you kill him, you would enter the Fire.’ So he let the man go.” He said: “His hands were bound behind him with a Nis’ah.” He said: “So he left, dragging his Nis’ah.” [He said:] “So he was called Dhan-Nis’ah’.”

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