Killing a person intentionally in a state that does not rule by the Shari'ah
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Fatwa number ( 8193 )
Q: Please inform us, may Allah have mercy on you, about a man who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, who killed a Muslim man intentionally in a sudden quarrel between them, not out of prior persistence , and this occurred in this era in a state where the limits of Islam are not applied. Is it permissible:
1 - For the family of the victim to kill the killer, or not, and why? 2 - To take the blood money from the killer as a Muslim, or did he become a disbeliever by killing intentionally, and does the verse of al-Furqan apply to him? 3 - Does the blood money have a specific value or a fixed amount? This has increased the debate on this topic. We ask you to provide us with the result as soon as possible so that we may place each of them under the Shari'ah of Allah the Exalted.
A: First : It is permissible for the heirs of the victim to request from the one in authority retaliation against the one who killed their relative intentionally. Allah the Exalted said:[Al-Isra 17:33] . Second : The blood money is paid if the killing was accidental, or if it was intentional and the heirs or one of them forgave and requested the blood money. The description of Islam does not cease from him due to intentional killing. Allah the Exalted said: [Al-Furqan 25:68-70] .
Third : Determining the blood money is referred to the judge according to the difference in types of killing, whether intentional, quasi-intentional, or accidental. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Please inform us, may Allah have mercy on you, about a man who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, who killed a Muslim man intentionally in a sudden quarrel between them, not out of prior persistence , and this occurred in this era in a state where the limits of Islam are not applied. Is it permissible:
1 - For the family of the victim to kill the killer, or not, and why? 2 - To take the blood money from the killer as a Muslim, or did he become a disbeliever by killing intentionally, and does the verse of al-Furqan apply to him? 3 - Does the blood money have a specific value or a fixed amount? This has increased the debate on this topic. We ask you to provide us with the result as soon as possible so that we may place each of them under the Shari'ah of Allah the Exalted.
A: First : It is permissible for the heirs of the victim to request from the one in authority retaliation against the one who killed their relative intentionally. Allah the Exalted said:
And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].
وَلاَ تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلا بِالْحَقِّ وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلا يُسْرِفْ فِي الْقَتْلِ إِنَّهُ كَانَ مَنْصُورًا(68) And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. (69) Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated - (70) Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful.
وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَهًا آخَرَ وَلاَ يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلا بِالْحَقِّ وَلاَ يَزْنُونَ وَمَنْ يَفْعَلْ ذَلِكَ يَلْقَ أَثَامًا (68) يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا (69) إِلا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلا صَالِحًا فَأُولَئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ وَكَانَ اللَّهُ غَفُورًا رَحِيمًاThird : Determining the blood money is referred to the judge according to the difference in types of killing, whether intentional, quasi-intentional, or accidental. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.