Is a man executed if he kills his son? We have heard from some jurists that a man is not executed if he kills his son, but rather that blood money is obligatory upon him?
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The questioner : Is a man executed if he kills his son? We have heard from some jurists that a man is not executed if he kills his son, but rather that blood money is obligatory upon him?
The Shaykh : The majority of scholars do not hold that a father is executed for his son if he kills him intentionally. They cited evidence and reasoning for this:
As for the evidence, it is the well-known hadith:Musnad Ahmad 346A Hasan Hadeeth] (Darussalam).
As for the reasoning, they said: "The father is the cause of the son's existence, so he should not be the cause of his destruction". This is the position of the majority of scholars, namely that a father is not executed for his son.
Some scholars hold that a father is executed for his son if we know with certainty that he intended to kill him. This is due to the generality of the evidence indicating the obligation of retaliation for the killing of a believer, such as the saying of Allah the Exalted:[Al-Baqarah 2:178], and the saying of Allah the Exalted: [Al-Ma'idah 5:45], and the saying of the Prophet (peace and blessings be upon him): Sunan an-Nasa'i 4721Sahih (Darussalam), and the saying of the Prophet (peace and blessings be upon him): Musnad Ahmad 959Sahih because of corroborating evidences] (Darussalam).
They said that these general statements imply that if we know a father intended to kill his son intentionally, he is executed for his son.
As for the well-known hadith:Musnad Ahmad 346A Hasan Hadeeth] (Darussalam), it is weak in their view. As for the reasoning, it is incorrect, because the cause of the father's execution for killing his son is not the son, but rather the father's action. In reality, he committed a crime against himself, for he is the cause of his own death by killing a soul whose sanctity is inviolable. They said: We can reverse the evidence and say that a father killing his son is one of the greatest severances of ties and the most heinous of killings, for a father does not dare to kill his son, even beasts of burden lift their hooves from their young for fear of harming them. So how can the punishment for this man who severed his kinship by killing his son be that we lift the execution from him?
In any case, this issue is referred to the Shari'ah courts. Let the judge rule with what he sees as closest to the truth among the opinions of the scholars. And let a person turn to his Lord, Mighty and Majestic, when opinions conflict. Let him turn to his Lord, Mighty and Majestic, asking Him to guide him to His straight path. And let him say:Mishkat al-Masabih 1212,
And let him seek forgiveness from Allah, Mighty and Majestic, for his sins, for sins stand between a person and reaching the truth. Some scholars derived this from the saying of Allah the Exalted:[An-Nisa 4:105-106]
The Shaykh : The majority of scholars do not hold that a father is executed for his son if he kills him intentionally. They cited evidence and reasoning for this:
As for the evidence, it is the well-known hadith:
No father is to be killed in retaliation for his son
لا يقتل والد بولدهAs for the reasoning, they said: "The father is the cause of the son's existence, so he should not be the cause of his destruction". This is the position of the majority of scholars, namely that a father is not executed for his son.
Some scholars hold that a father is executed for his son if we know with certainty that he intended to kill him. This is due to the generality of the evidence indicating the obligation of retaliation for the killing of a believer, such as the saying of Allah the Exalted:
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female
يا أيها الذين آمنوا كتب عليكم القصاص في القتلى الحر بالحر والعبد بالعبد والأنثى بالأنثىAnd We ordained for them therein a life for a life, an eye for an eye
وكتبنا عليهم فيها أن النفس بالنفس والعين بالعينIt was narrated from 'Abdullah that the Messenger of Allah said: "It is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul, a adulterer who has been married, and one who separates leaving his religion."
لا يحل دم امرئ مسلم إلا بإحدى ثلاث : الثيب الزاني والنفس بالنفسAll the believers are equal in respect of blood [i.e., their lives are of equal value] . The protection offered by the least among them is to be honoured.
المؤمنون تتكافأ دماؤهم ويسعى بذمتهم أدناهمThey said that these general statements imply that if we know a father intended to kill his son intentionally, he is executed for his son.
As for the well-known hadith:
No father is to be killed in retaliation for his son
لا يقتل والد بولدهIn any case, this issue is referred to the Shari'ah courts. Let the judge rule with what he sees as closest to the truth among the opinions of the scholars. And let a person turn to his Lord, Mighty and Majestic, when opinions conflict. Let him turn to his Lord, Mighty and Majestic, asking Him to guide him to His straight path. And let him say:
O God, the Lord of Gabriel, Michael and Israfil, the Creator of the heavens and the earth, who knowest the unseen and the seen, Thou decidest among Thy servants concerning their differences. Guide me on account of different opinions regarding the truth by Thy permission; verily Thou guidest whom Thou wilt to a straight path.
اللهم رب جبريل وميكائيل وإسرافيل فاطر السماوات والأرض عالم الغيب والشهادة أنت تحكم بين عبادك فيما كانوا فيه يختلفون ، اهدني لما اختلف فيه من الحق بإذنك إنك تهدي من تشاء إلى صراط مستقيمAnd let him seek forgiveness from Allah, Mighty and Majestic, for his sins, for sins stand between a person and reaching the truth. Some scholars derived this from the saying of Allah the Exalted: