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Online Quran Academy - Islamic Mentors

Murder in Islamic Law: From Prohibition to Punishment

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Concept of Murder in Islam

In Islam, Murder is defined as the unlawful killing of a human being. It is one of the gravest sins and a major crime against humanity. Islamic teachings repeatedly stress the sacredness of human life and strictly prohibit taking a life unjustly. The Quran and Hadith deeply root this concept, guiding the importance of maintaining life and the consequences of taking it unjustly.

Allah (SWT) says in the Quran;

Surah Al-Maidah verse 32 about the Murder in Islam
That is why We ordained for the Children of Israel that whoever takes a lifeā€”unless as a punishment for Murder or mischief in the landā€”it will be as if they killed all of humanity; and whoever saves a life, it will be as if they saved all of humanity. (Although) Our messengers already came to them with clear proofs; many of them still transgressed afterward through the land. (Surah Al-Maidah verse 32)

This verse highlights the seriousness of Murder and the value of maintaining life.

Hazrat Abdullah bin Amr (RA) that:

The Prophet Muhammad (SAW) said that the major sins are:

  • Associating others with Allah (SWT).
  • Disobeying parents.
  • Killing souls (Murder).
  • Swearing a false oath knowingly.
(Sunan an-Nasa’i 4868)

These teachings highlight the respect for life and the painful consequences of taking it unjustly.


First Murder in the world

Prophet Adam (AS) had two sons, Qabil (Cain) and Habil (Abel). Both were ready to marry and wanted the same woman. Allah (SWT) told them to offer a sacrifice to decide who should marry her. The one whose sacrifice was accepted would marry her.

Habil, a shepherd, sincerely presented his best ram as a sacrifice, while Qabil, a farmer, offered some crops that were not his best, showing a lack of true faith. Due to his faith and sincere intentions, Allah (SWT) accepted Habil’s sacrifice and rejected Qabil’s offering. Filled with jealousy and anger, Qabil could not accept Allah’s (SWT) decision. Despite Habil’s attempts to reason with him, Qabil’s jealousy led him to commit the first murder in history by killing his brother.

For more information about the harmful effects of jealousy on our lives, visit this blog post: Jealousy in Islam: Signs, Symptoms, and Solutions.

Allah (SWT) taught Qabil how to bury his brother’s body using the example of a crow, as he felt guilty and ashamed. The Quran recounts this story in Surah Al-Ma’idah (5:27-31) and conveys important lessons about the perils of jealousy. The significance of sincerity in worship and the ethical implications of our actions.

The Prophet Muhammad (SAW) said,

“Whenever a person is murdered unjustly, there is a share of the burden of the crime on the first son of Adam, for he was the first to start the tradition of murdering.”

[Sahih al-Bukhari 3335]

Types of Murder in Islam

In Islamic teachings, Murder is classified into different types based on the intent and circumstances surrounding the act. Here are the four main types, explained in simpler terms:


Premeditated Murder (Qatl Al-Amad)

Premeditated Murder occurs when someone plans and intentionally kills another person. It involves:

  • Planning: The killer has thought about the act beforehand.
  • Intention: The killer intended to cause the death of the victim.
  • Action: The killer uses a weapon or a method that is usually killing.

Islamic law considers this type of murder the most serious and imposes strict punishments, often including the death penalty or requiring payment of diya (blood money) to the victim’s family.


Semi-Intentional Murder (Qatl Shibh Al-Amad)

Semi-intentional Murder happens when someone intends to harm another person but does not necessarily intend to kill them. It includes:

  • Intention: The killer wanted to cause harm or injury, but not death.
  • Action: The killer uses a weapon or method that is not typically killing.

The punishment for semi-intentional Murder is less painful than for premeditated Murder, often applying paying diya to the victim’s family and sometimes other fines.


Accidental Killing (Qatl Al-Khata)

Accidental killing occurs when someone causes the death of another person without any intention to harm or kill. It involves:

  • No intention: They did not intend or plan the death.
  • Accidental circumstances: The killing happens due to an accident or unintended actions.

In the case of accidental killing, the responsible person usually has to pay diya to the victim’s family. Still, the punishment is generally more forgiving because there was no intent to kill.


Justifiable Homicide (Qatl Al-Difa’ Al-Nafs)

Justifiable homicide occurs when someone kills another person in self-defense or to protect others. It includes:

  • Self-defense: It occurs to protect oneself from being killed or seriously harmed.
  • Defense of others: To protect someone from being killed or seriously harmed.

Islam does not consider this type of killing a crime if it meets the criteria of self-defense. The person protecting must use only necessary force and must have had no other option to stop harm.


Punishment for Murder

In Islamic law, justice and compassion deeply root the punishments for murder. The primary options for punishment include Qisas (Retribution), Diyyah (Blood Money), and Forgiveness. However, each of these has its unique implications and conditions.


Qisas (Retribution)

Qisas, meaning equal retaliation, is a form of corrective justice based on the idea of an eye for an eye. If someone commits Murder, the target’s family has the right to demand the death punishment for the murderer. This retribution provides justice and deter others from committing similar crimes. However, the target’s family can choose to forgive it, as it is not mandatory.

Conditions:

  • The target’s family has the right to choose Qisas.
  • It ensures that justice serves equally, without excess.
  • To prevent misuse, strict judicial supervision conducts the process.

Allah (SWT) says in the Quran;

Surah Al-Maidah verse 45
“We ordained for them in the Torah, “A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a toothā€”and for wounds equal retaliation.” But whoever waives it charitably, it will be atonement for them. And those who do not judge by what Allah has revealed are Ė¹trulyĖŗ the wrongdoers.” (Surah Al-Maidah verse 45)

Diyyah (Blood Money)

Diyyah is a form of financial compensation provided to the family of the victim, serving as an alternative to Qisas. It becomes acceptable if the victim’s family agrees. The amount and terms of Diyyah can vary and serve as a means of settlement and support for the victim’s family.

Amount During the Time of Prophet Muhammad: The standard amount of Diyyah for a victim was 100 camels or 1,000 dinars during the time of Prophet Muhammad (pbuh).

Current Amount: The amount of Diyyah can vary significantly depending on the country and legal system in place. In some countries, the state sets a fixed amount, while in others, the families involved arrange it.

Surah Al- Baqarah 178
“O believers! The law of retaliation is set for you in cases of murderā€”a free man for a free man, a slave for a slave, and a female for a female. But if the offender is pardoned by the victimā€™s guardian, then blood money should be decided fairly, and payment should be made courteously. This is a concession and a mercy from your Lord. But whoever transgresses after that will suffer a painful punishment. (Surah Al- Baqarah 178)

Narrated Hazrat Amr bin Shuaib (RA) from his father, from his grandfather that the Prophet (SAW) said:

“Whoever kills [a believer] deliberately, he is handed over to the guardians of the one killed. If they wish to, they have him killed, and if they wish to, they take the blood money. That is thirty Hiqqah, thirty Jadha’ahs, and forty pregnant camels. Whatever (amount more) they require from him, then that is for them (if they choose).” That is because of the severity of blood money.

(Jami` at-Tirmidhi 1387)

Forgiveness

Forgiveness holds a special place in Islam. It is considered a noble act that reflects Allah’s (SWT) mercy and kindness toward His (SWT) creation. In the context of murder, forgiveness is when the victim’s family chooses to forgive the perpetrator without seeking retaliation or compensation. Islam highly encourages this act of forgiveness, seeing it as noble and merciful. Allah (SWT) says in the Holy Quran.

Surah Ash-shura verse 45
“The reward of an evil deed is its equivalent. But whoever pardons and seeks reconciliation, then their reward is with Allah Almighty. He certainly does not like the wrongdoers.” (Surah Ash-shura verse 45)

Frequently Asked Questions (FAQs)

Q1. Is Murdering Haram?

Haram refers to any act forbidden by Allah (SAW) and His Prophet Muhammad (PBUH). Engaging in Haram activities is considered sinful and can have painful consequences in this life and the Hereafter. Murdering is Haram (forbidden) in Islam. Islam considers taking an innocent life one of the gravest sins and rigidly prohibits it.

Q2. When is killing permissible in Islam?

In Islam, the sanctity of human life holds great importance, and generally, Islamic teachings prohibit killing. However, specific circumstances may render it permissible. These include self-defense, disbelief after belief, Qisas after Murder, defense of others, and during a just war, where the enemy is attacking, and there is no other means to stop the attack.

Q3. If you are murder in Islam, do you go to Jannah?

Islam considers being unjustly murder a form of martyrdom. Islam promises martyrs (shahada) a place in Jannah (Paradise) for suffering pressure and not dying a natural death. However, the greatest judgment belongs to Allah (SWT), who considers the person’s faith and actions.

For more information about the martyr, visit this blog post: The Concept and Rewards of Martyrdom in Islam.

Q4. Is it Haram to kill an enemy?

Islam forbids killing an enemy outside the rules of lawful actions. It permits fighting in self-defense or in a just war as long as one follows strict ethical guidelines. It strictly prohibits unlawfully killing enemies.

Q5. What does it mean if I see a murder in a dream Islam?

In Islamic dream interpretation, seeing a murder in a dream can have various interpretations. It might symbolize a significant change, a warning of possible conflicts, or internal struggles. It’s essential to seek guidance from knowledgeable Islamic scholars or dream interpreters who can provide insights based on Islamic principles.

Q6. Is suicide worse than Murder?

Islam considers both suicide and murder major sins, but views them differently. It strictly forbids suicide, seeing it as a grave sin because one takes their own life, which is a gift from Allah (SWT). Murder, on the other hand, is also a severe sin, as it involves taking the life of another person unjustly. Some Islamic scholars claim that suicide is worse than murder because it reflects a complete loss of trust in Allah’s (SWT) mercy and plan.

Q7. Can Murder be forgiven in Islam?

Islam can forgive murder under certain conditions. The Quran and Hadith emphasize that sincere repentance (Tawbah) is crucial. A person who has committed Murder must repent to Allah (SWT), seek forgiveness, and perform good deeds to remove for their actions. Additionally, the forgiveness of the target’s family plays a significant role. If the family forgives the murderer, it can lead to the sin being forgiven in the eyes of Allah (SWT).

Q8. Is abortion murder in Islam?

In Islam, the ruling on abortion depends on the stage of pregnancy. Generally, abortion is considered impermissible and akin to murder after the soul (ruh) enters the fetus, which is believed to occur at 120 days (about four months) from the start. At this stage, ending a pregnancy is seen as taking an innocent life, which is a major sin.

Before 120 days, the situation is more nuanced. Abortion is still generally discouraged, but it may be permitted under certain circumstances, such as when the mother’s life is at risk or in cases of severe fetal abnormalities. However, even in these cases, it is not considered equivalent to murder but is still viewed as a serious violation of the sanctity of life.


Conclusion

Understanding the sanctity of life in Islam is crucial. Islamic teachings emphasize the profound value of human life, and the prohibition of murder underscores this principle. By delving deeper into Islamic law, one can appreciate the comprehensive approach Islam takes towards justice and the protection of life.

Islam encourages seeking further knowledge and guidance from its teachings to fully comprehend the ethical and legal dimensions of this topic. This pursuit of knowledge not only enhances our understanding but also contributes to the promotion of a more humane and just society.

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