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Lesson 83

Felonies

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Main Points
 

·      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. In the time of the Prophet (peace be upon him), 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.[12]

·   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.

·   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.

·   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.

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


[13]


Deliberate murder:

Allah says:

]وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَاْ أُولِيْ الأَلْبَابِ[
(البقرة: 179)

This means: “And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding.” (2, Al-Baqarah: 179)

Allah says:

]وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا[
(النساء:93)

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.” (4, An-Nisa’: 93)

Allah says:

]فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاء إِلَيْهِ بِإِحْسَان[
(البقرة: 178)

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.” (2, Al-Baqarah: 178)

Allah says:

]فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ[
(الشورى: 40)

This means: “But whoever forgives and makes reconciliation, his reward is due from Allah.” (42, Ash-Shura: 40)

Allah says:

]وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْس[
(المائدة: 45)

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

 The Messenger of Allah (peace be upon him) said:

“The first (thing) that will be decided among people on the Day of Judgment will pertain to bloodshed.”
(Reported by Al-Bukhari and Muslim)

He (peace be upon him) also said:

“A believer continues to stick to his faith as long as he does not shed blood unlawfully.” (Reported by Al-Bukhari)

He (peace be upon him) 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-Bukhari and Muslim)

He (peace be upon him) also said:

“Allah augments the honor of that who forgives.”
(Reported by Muslim)

 He (peace be upon him) also said:

“A believer will not be killed for an infidel.” (Reported by Al-Bukhari)

The Prophet (peace be upon him) said:

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

Murder by mistake in a deliberate injury:

Allah says:

]وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ[ (النساء: 92)

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.”  (4, An-Nisa’: 92)

Indemnity:

`Abdullah Ibn `Abbas (may Allah be pleased with him) narrated:

“A man of Banu `Adi was killed. The Prophet (peace be upon him) fixed his blood money at the rate of twelve thousand (dirhams).”
(Reported by An-Nasa’i and Abu Dawud)

The Prophet (peace be upon him) said:

“The blood money for accidental killing should be twenty she-camels which had entered their fourth year, twenty she-camels which had entered their fifth year, twenty she-camels which had entered their second year, twenty she-camels which had entered their third year, and twenty male camels which had entered their second year.” (Reported by Abu Dawud)

He (peace be upon him) also said:

“Blood money for every wound which lays bare a bone is five camels.” (Reported by At-Tirmidhi)

He (peace be upon him) 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’i)

The Prophet (SAWS) enjoined (as a retaliation) ten camels for the wound which splinters a bone in the body. [Minhajul-Muslim]

He (peace be upon him) 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:

]وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالأَنفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ[ (المائدة: 45)

This means: “Eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.” (5, Al-Ma’idah: 45)