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Lesson 83
Felonies
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· 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.
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)
“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)
`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)
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)
Allah says:
]وَالْعَيْنَ
بِالْعَيْنِ
وَالأَنفَ
بِالأَنفِ
وَالأُذُنَ
بِالأُذُنِ
وَالسِّنَّ
بِالسِّنِّ
وَالْجُرُوحَ
قِصَاصٌ[
(المائدة: 45)
