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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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How is the statement of Allah the Exalted, “And in qisas there is life for you, O you who possess intellect,” reconciled with the statement that a Muslim is not executed for killing a dhimmi (a non-Muslim under Muslim protection)?

Machine translationRead the Arabic original
The Shaykh : We return to answering the questions that have reached us.

The questioner : e :
And there is for you in legal retribution [saving of] life, O you [people] of understanding وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ
[Al-Baqarah 2:179]
.

The Shaykh : Yes.

The questioner : ... .

The Shaykh : Pardon me, I will tell you frankly: we did not say, and no Muslim says, that if one kills a dhimmi (a non-Muslim under Muslim protection), Allah grants him well-being. No one has said this. Therefore, qisas applies to him. And so the previous verse:
And there is for you in legal retribution [saving of] life, O you [people] of understanding وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ
[Al-Baqarah 2:179]
is not applicable to this issue, because the Muslim who kills a dhimmi (a non-Muslim under Muslim protection), whether intentionally or by accident, is subject to qisas. But is his qisas the same as if he had killed a Muslim? This is where the discussion lies. The answer is: if a Muslim kills a Muslim intentionally and deliberately, he is executed for it. But if a Muslim kills a dhimmi (a non-Muslim under Muslim protection), he is not executed for it. However, this does not mean that one says to him, “May Allah bless you, you did well.” No, he has a severe punishment in the Hereafter. The Prophet (peace and blessings be upon him) said:
Whoever kills a dhimmi (a non-Muslim under Muslim protection) in violation of his covenant will not smell the scent of Paradise, even though its scent can be found from a distance of one hundred miles. من قتل ذمِّيًّا في كنهه لم يرح رائحة الجنة ، وإنَّ ريحَها لَيوجد من مسيرة مئة عام
,
Whoever kills a dhimmi (a non-Muslim under Muslim protection) in violation of his covenant من قتل ذمِّيًّا في كنهه
meaning he violated his safety without right. He will not smell the scent of Paradise; he will not smell the scent of Paradise, even though its scent can be found from a distance of one hundred miles. Likewise, if a Muslim kills a dhimmi (a non-Muslim under Muslim protection) by accident, he must pay diyah (blood money). But what is this diyah (blood money)? It is half of the diyah (blood money) for a Muslim. So the verse:
there is for you in legal retribution لَكُمْ فِي الْقِصَاصِ
[Al-Baqarah 2:179]
applies here and there. But as we said regarding the previous verse:
(35) Then will We treat the Muslims like the criminals? (36) What is [the matter] with you? How do you judge? أَفَنَجْعَلُ الْمُسْلِمِينَ كَالْمُجْرِمِينَ * مَا لَكُمْ كَيْفَ تَحْكُمُونَ
[Al-Qalam 68:35-36]
, do we make the crime of one who kills a Muslim like the crime of one who kills a disbeliever? Do we make the diyah (blood money) for one who kills a Muslim like the diyah (blood money) for one who kills a disbeliever? No, that is the answer to the verse:
And there is for you in legal retribution [saving of] life, O you [people] of understanding وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ
[Al-Baqarah 2:179]
.
Source www.al-albany.com

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

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