Visiting the sorcerer in his sorcery with a major shirk
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The first question of Fatwa No. ( 4804 ):
Q1: A woman was bewitched by one of the male sorcerers for the purpose of her marriage. The bewitched woman was taken over by madness, and the sorcerer was arrested by one of the men of the civil court. He admitted that the charge was true after the questioning was conducted against him. What is the prescribed punishment due to him?
A1: If the sorcerer commits a major shirk in his sorcery, he is killed as a limit punishment for his apostasy. If it is established that he killed a protected soul through his sorcery, he is killed by retaliation. If he did not commit a major shirk in his sorcery and did not kill a soul, there is scholarly disagreement regarding his killing
There is a difference of opinion regarding the ruling on one who practices sorcery, and the correct view is that he is executed as a fixed punishment for his apostasy. This is the position of Abu Hanifah , Malik , and Ahmad (may Allah have mercy on them), because his sorcery constitutes disbelief in all cases, based on the indication of the verse:[Al-Baqarah 2:102], which indicates the disbelief of the sorcerer in all cases. It is also based on what is established in [Sahih al-Bukhari] from Bajalah ibn 'Ubadah that he said: . It is also based on what is authentic from Hafsa, the Mother of the Believers (may Allah be pleased with her): , narrated by Malik in [al-Muwatta']. It is also based on what is established from Jundub that he said: Jami` at-Tirmidhi 1460Da'if (Darussalam), narrated by al-Tirmidhi , who said: The correct view is that it is mawquf (stopping at a Companion). Accordingly, the ruling on the sorcerer about whom the question was asked is that he is executed, according to the correct view of the scholars. And the one who is responsible for establishing the sorcery and that
punishment is the judge who is in charge of the affairs of the Muslims; in order to avert harm and block the door to chaos. And success is from Allah. May Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: A woman was bewitched by one of the male sorcerers for the purpose of her marriage. The bewitched woman was taken over by madness, and the sorcerer was arrested by one of the men of the civil court. He admitted that the charge was true after the questioning was conducted against him. What is the prescribed punishment due to him?
A1: If the sorcerer commits a major shirk in his sorcery, he is killed as a limit punishment for his apostasy. If it is established that he killed a protected soul through his sorcery, he is killed by retaliation. If he did not commit a major shirk in his sorcery and did not kill a soul, there is scholarly disagreement regarding his killing
There is a difference of opinion regarding the ruling on one who practices sorcery, and the correct view is that he is executed as a fixed punishment for his apostasy. This is the position of Abu Hanifah , Malik , and Ahmad (may Allah have mercy on them), because his sorcery constitutes disbelief in all cases, based on the indication of the verse:
And they followed [instead] what the devils had recited during the reign of Solomon. It was not Solomon who disbelieved, but the devils disbelieved, teaching people magic
وَاتَّبَعُوا مَا تَتْلُو الشَّيَاطِينُ عَلَى مُلْكِ سُلَيْمَانَ وَمَا كَفَرَ سُلَيْمَانُ وَلَكِنَّ الشَّيَاطِينَ كَفَرُوا يُعَلِّمُونَ النَّاسَ السِّحْرَ'Umar ibn al-Khattab (may Allah be pleased with him) wrote: "Kill every male and female sorcerer." So we killed three female sorcerers.
كتب عمر بن الخطاب رضي الله عنه أن اقتلوا كل ساحر وساحرة. فقتلنا ثلاث سواحرShe ordered the killing of a slave girl who had bewitched her, so she was killed.
أنها أمرت بقتل جارية لها سحرتها فقتلتThe punishment of the Sahir is a strike of the sword.
حد الساحر ضربة بالسيفpunishment is the judge who is in charge of the affairs of the Muslims; in order to avert harm and block the door to chaos. And success is from Allah. 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.