Killing by Intention: Is the Killing of a Believer and the Killing of a Muslim Equivalent?
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The first question of Fatwa No. ( 1843 )
Q1: Allah the Exalted said:[An-Nisa 4:93] the verse, It mentions the one who kills a believer, but it does not mention the one who kills a Muslim. So, if a person kills a Muslim, is his punishment Hellfire or not?
A1: Yes, the one who kills a Muslim has Hellfire as his punishment; because if the inner reality of the victim was in agreement with his outward appearance, he was also a believer, and his killer is deserving of the Hereafter’s warning by the text of the verse. And if his inner reality was contrary to his outward appearance, it is upon us to deal with him according to his outward appearance, and it is not for us to probe into his inner reality. Accordingly, his blood is protected, and it is not permissible to encroach upon it; for it is established from Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:Sunan al-Bayhaqi 10:368 It was narrated by al-Bukhari and Muslim and the compilers of the Sunan. And it is established from Usamah ibn Zayd (may Allah be pleased with them both) that he said: Sahih al-Bukhari 4269 . It was narrated by al-Bukhari and Muslim . The Prophet (peace and blessings be upon him) did not consider what Usamah (may Allah be pleased with him) suspected of his victim regarding the lack of sincerity in faith as a barrier to the severity of his rebuke of him, until that rebuke from Usamah himself reached a great extent, and he said: “I wished that I had not become a Muslim before that day.” This indicates that the rulings of this world are carried out based on outward appearances, and that the one who intentionally kills a Muslim is a sinner who has committed a major sin and is deserving of the punishment of the Fire, except if he killed him for what is established regarding the permissibility of his blood by one of the three matters that the Prophet (peace and blessings be upon him) mentioned in his saying: Sunan an-Nasa'i 4721Sahih (Darussalam) And because the word “believer” may be used in the texts to mean what includes the Muslim, as in His saying the Exalted regarding the characteristics of expiation:
[An-Nisa 4:92] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Allah the Exalted said:
But whoever kills a believer intentionally - his recompense is Hell
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُA1: Yes, the one who kills a Muslim has Hellfire as his punishment; because if the inner reality of the victim was in agreement with his outward appearance, he was also a believer, and his killer is deserving of the Hereafter’s warning by the text of the verse. And if his inner reality was contrary to his outward appearance, it is upon us to deal with him according to his outward appearance, and it is not for us to probe into his inner reality. Accordingly, his blood is protected, and it is not permissible to encroach upon it; for it is established from Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
I was commanded to fight the people until they testify that there is no god but Allah and that I am the Messenger of Allah. When they say it, their blood and property are protected from me except by its right, and their reckoning is with Allah
أُمِرتُ أن أقاتل الناس حتى يشهدوا أن لا إله إلا الله، وأني رسول الله، فإذا قالوها عصموا مني دماءهم وأموالهم إلا بحقها وحسابهم على اللهAllah's Messenger (ﷺ) sent us towards Al-Huruqa, and in the morning we attacked them and defeated them. I and an Ansari man followed a man from among them and when we took him over, he said, "La ilaha illal-Lah." On hearing that, the Ansari man stopped, but I killed him by stabbing him with my spear. When we returned, the Prophet (ﷺ) came to know about that and he said, "O Usama! Did you kill him after he had said "La ilaha ilal-Lah?" I said, "But he said so only to save himself." The Prophet (ﷺ) kept on repeating that so often that I wished I had not embraced Islam before that day.
بعثنـا رسـول الله صلى الله عليه وسلم إلى الحرقـة فصبحنـا القوم فهزمنـاهم، ولحقت أنا ورجل من الأنصـار رجـلاً منهـم، فلما غشـيناه قـال: لا إله إلا الله، فَكَفَّ الأنصاري، وطعنته برمحـي حتى قتلتـه، فلمـا قدمنا بلغ النبي صلى الله عليه وسلم فقال: يا أسامة : أقتلته بعدما قال: لا إله إلا الله؟، قلت: كان متعـوذًا، فمـا زال يكررها حتـى تمنيـت أنـي لم أكن أسلمت قبل ذلك اليومIt is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul, a adulterer who has been married, and one who separates leaving his religion.
لا يحل دم امرئ مسلم إلا بإحدى ثلاث: النفس بالنفس والثيب الزاني والتارك لدينه المفارق للجماعةthe freeing of a believing slave
فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.