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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Examples of the right that permits the killing of the protected soul.

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The Shaykh : And His saying, Mighty and Majestic:
except by right إِلاَّ بِالْحَقِّ
. We will give examples of the right that permits the killing of the protected soul. Among them is qisas (retaliation in kind). Qisas by right means: if a person kills someone and the conditions for qisas are met. Is this killer killed or not? Is he killed or not? He is killed. By the saying of Allah the Exalted:
the soul for the soul النَّفْسَ بِالنَّفْسِ
. And the saying of the Prophet (peace and blessings be upon him):
It is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul لا يحل دم امرئ مسلم إلا بإحدى ثلاث. وذكر منها : النفس بالنفس
Sunan an-Nasa'i 4721Sahih (Darussalam)
. So he is killed. And qisas, my brothers, qisas is life. Qisas is life, meaning: Zayd killed 'Umar, so we killed Zayd. We say: this is life. Some secularists and those who object to the Shari'ah have said: How can it be life when one person was killed? And now we kill how many? Two. Where is the life? We say: Glory be to Allah! If we kill this killer, how many criminals will be deterred from killing? Yes. Many, many. Every criminal who contemplates killing, when he knows that his end will be that he is killed, will stop. Because look, my brothers? The most intense love for life is found in those farthest from faith. Did you understand? The most intense love for life and hatred of death is in those farthest from faith. Meaning: the one farthest from faith is the one with the most intense love for life. Allah the Exalted said:
And you will surely find them the most greedy of people for life وَلَتَجِدَنَّهُمْ أَحْرَصَ النَّاسِ عَلَى حَيَاةٍ
[Al-Baqarah 2:96]
What?
[even] more than those who associate others with Allah وَمِنْ الَّذِينَ أَشْرَكُوا
[Al-Baqarah 2:96]
. And the mushrik (one who associates partners with Allah) does not wish for death. He does not wish for death. The Jew and the Christian do not wish for death.
(94) Say, [O Muhammad], "If the home of the Hereafter with Allah is for you alone and not the [other] people, then wish for death, if you should be truthful. (95) But they will never wish for it, ever, because of what their hands have put forth قُلْ إِنْ كَانَتْ لَكُمْ الدَّارُ الآخِرَةُ عِنْدَ اللَّهِ خَالِصَةً مِنْ دُونِ النَّاسِ فَتَمَنَّوْا الْمَوْتَ إِنْ كُنتُمْ صَادِقِينَ وَلَنْ يَتَمَنَّوْهُ أَبَداً بِمَا قَدَّمَتْ أَيْدِيهِمْ
[Al-Baqarah 2:94-95]
. A criminal cannot commit a deed while knowing that he will be killed for it, ever. Good. So: is the soul for a soul permissible or not permissible? Permissible. And does this contradict the description of the servants of the Most Merciful? No, because he killed by right. And killing by right is permissible. And among killing by right is: that the zani (one who commits unlawful sexual intercourse) is stoned if the conditions are met. Zina (unlawful sexual intercourse) — may Allah protect us from it — Allah said about it:
And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. وَلا تَقْرَبُوا الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلاً
[Al-Isra 17:32]
,
Indeed, it is ever an immorality and is evil as a way. إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلاً
[Al-Isra 17:32]
. Which is more severe and uglier: zina or marriage with those who are mahram (forbidden relatives)? Marriage with those who are mahram. For this reason, He, Mighty and Majestic, said:
And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way. وَلا تَنكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنْ النِّسَاءِ إِلاَّ مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتاً وَسَاءَ سَبِيلاً
[An-Nisa 4:22]
. And regarding zina, He said:
Indeed, it is ever an immorality and is evil as a way. إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلاً
[Al-Isra 17:32]
. For this reason, the stronger position (rajih) among the opinions of the scholars is: that whoever commits zina with one of his mahram is killed in all cases, even if he is not a thayyib (one who has previously married). Good. I say: the zani, if he commits zina while he is muhsan (one who has married and consummated the marriage), and Allah has blessed him with marriage, and he enjoyed his wife, then he commits zina, he is stoned in all cases. He is stoned if the conditions are met. And how is the stoning? He is stood up, and pebbles are gathered, and people take from these pebbles and strike him with them until he dies.
And here we ask: Is not killing him with the sword easier? Yes. One person to answer? Yes. Yes, killing him with the sword is easier. So why is he killed with stones? We say:
First: The ruling of Allah, Mighty and Majestic, is not to be objected to. Say: We hear and we obey. If you say: We hear and we obey, Allah will open up for you. Say: We hear and we obey.
Second: Do not think that Islam distinguishes between two things except for a reason. This man, the zani, his desire is attached to his entire body, because the whole body trembles with desire and attains pleasure. So it was appropriate, what? To stone him with stones so that his entire body, which took pleasure in the haram (forbidden), would feel pain. And this is a great wisdom. For this reason, the scholars said: It is not permissible to stone him with large stones that kill him at the first strike. And it is not permissible for the stoner to aim such that he dies immediately. Rather, the stones are distributed over his body until he dies. So: zina of the muhsan permits, what? His killing, but by stoning.
Third: Liwat (sodomy), may Allah protect us from it. And it is the approach of a male to a male. This is a crime about which the Prophet of Allah, Lut (Lot), said to his people:
Will you commit the immorality? أَتَأْتُونَ الْفَاحِشَةَ
. The fahisha (shameful deed), he did not say fahisha. The fahisha. And
Al-أل
this indicates the magnitude of this fahisha. And it is, by Allah, a major sin greater than zina, may Allah protect us from it. For this reason, Lut rebuked his people and said:
(165) Do you approach males among the worlds (166) And leave what your Lord has created for you as mates? أَتَأْتُونَ الذُّكْرَانَ مِنَ الْعَالَمِينَ وَتَذَرُونَ مَا خَلَقَ لَكُمْ رَبُّكُمْ مِنْ أَزْوَاجِكُمْ
[Ash-Shu'ara 26:165-166]
. And what is this fitrah (innate natural disposition)? An inverted fitrah. For this reason, he said:
But you are a people transgressing." بَلْ أَنْتُمْ قَوْمٌ عَادُونَ
[Ash-Shu'ara 26:166]
meaning: those who go against the fitrah. So if a man commits liwat with a man, and each of them is an adult and not coerced, it is obligatory to kill them, an individual obligation, even if they are not muhsan and even if they are not married. The zani is not stoned unless he has married and consummated the marriage with his wife lawfully. As for liwat, no, this is not a condition in it. The active party and the passive party are killed. And the evidence is: the saying of the Prophet (peace and blessings be upon him):
Whomever you find doing the actions of the people of Lut then kill the one doing it, and the one it is done to. من وجدتموه يعمل عمل قوم لوط فاقتلوا الفاعل والمفعول به
Jami` at-Tirmidhi 1456Hasan (Darussalam)
. And Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in his book al-Saghir (the Small Book) — and its name is: al-Siyasah al-Shar'iyyah fi Islah al-Ra'i wa al-Ra'iyyah (The Shari'ah Policy in Reforming the Ruler and the Ruled) — he said: "The Companions agreed upon the killing of the active party and the passive party. But they differed: some said: they are taken to the highest place in the city and then thrown from it and followed by stones, this is one opinion. The second opinion is: that they are stoned like the zani. The third opinion is: that they are burned with fire". And Abu Bakr (may Allah be pleased with him) and some of the Caliphs did that, because their crime is a great crime, it is not light. So what permits killing, what? Liwat. This is what permits killing. We mentioned, what? Qisas, what? Zina, liwat.
The fourth: Hirabah (armed robbery and brigandage), the fourth: hirabah. What is hirabah? Hirabah is: a group who conspire on the roads, and whoever passes by, they take his money and kill him. These people, Allah the Exalted made clear their punishment in Surat al-Ma'idah, and He said:
Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الأَرْضِ فَسَاداً أَنْ يُقَتَّلُوا
[Al-Ma'idah 5:33]
— He started with killing —
or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلافٍ أَوْ يُنفَوْا مِنْ الأَرْضِ
[Al-Ma'idah 5:33]
. These people must be killed if they killed people, even if the awliya (close friends of Allah) of the killed do not demand the killing. Even if they permit the killing, because they are killed as a deterrent to their corruption. There are also things known to the scholars that we do not lengthen the speech about. It is finished. Is the time finished? And it is known, praise be to Allah, to the fuqaha (jurists) (may Allah have mercy on them) in the book of hudud (the fixed Qur'anic punishments) and in the book of the murtadd (apostate).
And let us now devote ourselves to the questions, because they are many. And perhaps they will touch upon some of what we want. So please proceed.

The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
May Allah reward the honorable Shaykh with the best reward. These are questions about the prayer of the eclipse.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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