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)?
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The Shaykh : We return to answering the questions that have reached us.
The questioner : e :[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:[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: , 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: [Al-Baqarah 2:179] applies here and there. But as we said regarding the previous verse: [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: [Al-Baqarah 2:179].
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 الْأَلْبَابِThe 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 الْأَلْبَابِWhoever 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 عامWhoever kills a dhimmi (a non-Muslim under Muslim protection) in violation of his covenant
من قتل ذمِّيًّا في كنههthere is for you in legal retribution
لَكُمْ فِي الْقِصَاصِ(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 تَحْكُمُونَAnd there is for you in legal retribution [saving of] life, O you [people] of understanding
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
