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Capital punishment

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

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salam brother, i have recently signed on to ur website, and i have been inspired by ur site. i have and question and hope u can this with best ur knowledge from the Holy Koran.

Is killing or taking away a life haram? For example, death penalty. Is is accepted by Islam or when is it accepted on a killing situation, for example self defense. plz answer my question a.s.a.p.

your,
brother 

 

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Answer:

 

Capital punishment

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Your Question: Is killing or taking away a life haram? For example, death penalty. Is is accepted by Islam or when is it accepted on a killing situation, for example self defense. plz answer my question a.s.a.p.
Allah Says in the Holy Quran Chapter 17 Surah Israa verse 33: Nor take life which Allah has made sacred except for just cause. And if anyone is slain wrongfully We have given his heir authority (to demand Qisas or to forgive): but let him not exceed bounds in the matter of taking life: for he is helped (by the Law)


 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 178-179:

178 O ye who believe! the law of equality is prescribed to you in cases of murder; the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.

179 In the law of equality there is (saving of) life to you; O ye men of understanding! that ye may restrain yourselves.

 

Allah Subhanah has declared that human life is absolutely sacred, and cannot be shed except by just cause which are explicitly described by Allah and His Messenger (saws).

 

Al-Tirmidhi Hadith 3466 Narrated by Uthman ibn Affan

AbuUmamah ibn Sahl ibn Hunayf told that when Uthman ibn Affan was besieged he looked down and said: I adjure you by Allah. Are you aware that Allah's Messenger (saws) said, "It is not lawful to kill a man who is a Muslim except for one of three reasons:

fornication after marriage,

or unbelief after accepting Islam,

or wrongfully killing someone, for which he may be killed?"

 

Other than the above three reasons for which an Islamic Court will declare the death penalty; and when in an actual state of declared war with the unbelievers when one is permitted killing in the battlefield, Allah Subhanah has absolutely prohibited the killing of a human being.

 

Your Question: For example, death penalty. Is is accepted by Islam or when is it accepted on a killing situation, for example self defense.

The death penalty is something only an Islamic Court in an Islamic State can levy on someone who is convicted of one of the above three crimes by due process of law:

Fornication after marriage

Unbelief after accepting Islam

murder

 

But if someone kills someone by mistake (car accident, etc.) or un-intentionally, then it will be considered an accidental killing and the prescribed atonement is as follows:

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 92-93:

92 Never should a believer kill a believer; but (if it so happens) by mistake (compensation is due): if one (so) kills a believer it is ordained that he should free a believing slave and pay compensation to the deceased's family unless they remit it freely. If the deceased belonged to a people at war with you and he was a believer the freeing of a believing slave (is enough). If he belonged to a people with whom ye have a treaty of mutual alliance compensation should be paid to his family and a believing slave be freed. For those who find this beyond their means (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom.

93 If a man kills a believer intentionally his recompense is Hell to abide therein (for ever): and the wrath and the curse of Allah are upon him and a dreadful penalty is prepared for him.

 

In the case of killing in self-defence, one would have to prove his case in an Islamic Court that the person he killed was trying to kill him, or harm his property or honor by force. The Islamic Court will then decide whether the case constitutes intentional murder or accidental killing in self-defence, and prescribe the punishment accordingly.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 

 

 


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