When implementing the prescribed legal punishments, is the judge or ruler obligated to treat the killer by killing him with the same means by which he killed?
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The questioner : Regarding the implementation of the prescribed legal punishments, is the ruler or judge obligated to treat this killer with the same means by which he killed? For example, if he killed with a bullet, is he killed with a bullet, and if he killed with a sword, is he killed with a sword, and so on? Is this obligatory, or is it not necessary?
The Shaykh : No, it is not necessary.
The questioner : I mean, for example, if he killed with a bullet, do we kill him by hanging?
The Shaykh : If hanging is not present in Islam; but if the killing was, for example, horrific, then he may be subjected to the same treatment.
The questioner : Is it permissible to treat him with the same means?
The Shaykh : Yes, based on the hadith of the man who killed the slave girl. What is the hadith? He crushed her head with stones, and she was caught in her last breath of life, so they asked her, and she pointed to a Jewish man. The Messenger of Allah (peace and blessings be upon him) ordered that he be killed in the same manner. But this is not a general rule.
The questioner : I mean, this is left to the ruler, for example?
The Shaykh : Yes, exactly.
The questioner : Of course, regarding the killer, the original rule is that the one who kills is the wali (guardian), meaning the one who has the right. Is it not necessary either?
The Shaykh : What do you mean by "the one who kills"? Do you mean the one who carries out the execution?
The questioner : The one who carries out the execution, yes.
The Shaykh : No, the one who carries out the execution is the ruler; so the ruler gives him permission. He may give him permission.
The questioner : I mean, the verse, Professor:[Al-Isra 17:33] So this verse is explicit that the one who takes charge of carrying out the execution is the wali?
The Shaykh : No, no, this does not mean that he is free to do whatever he wants.
The questioner : Understood, of course, it is with the permission of the state.
The Shaykh : So, that settles it.
The questioner : I mean, the one who carries out the judgment is the wali, and if the wali is allowed to carry it out, he carries it out?
The Shaykh : I mean, the intended meaning is with the permission of the ruler.
The questioner : It is not permissible for the wali to take matters into his own hands without... This is clear.
Another questioner : The case of Uthman and the issue of the killing of 'Umar and 'Ali.
The Shaykh : No, it is not necessary.
The questioner : I mean, for example, if he killed with a bullet, do we kill him by hanging?
The Shaykh : If hanging is not present in Islam; but if the killing was, for example, horrific, then he may be subjected to the same treatment.
The questioner : Is it permissible to treat him with the same means?
The Shaykh : Yes, based on the hadith of the man who killed the slave girl. What is the hadith? He crushed her head with stones, and she was caught in her last breath of life, so they asked her, and she pointed to a Jewish man. The Messenger of Allah (peace and blessings be upon him) ordered that he be killed in the same manner. But this is not a general rule.
The questioner : I mean, this is left to the ruler, for example?
The Shaykh : Yes, exactly.
The questioner : Of course, regarding the killer, the original rule is that the one who kills is the wali (guardian), meaning the one who has the right. Is it not necessary either?
The Shaykh : What do you mean by "the one who kills"? Do you mean the one who carries out the execution?
The questioner : The one who carries out the execution, yes.
The Shaykh : No, the one who carries out the execution is the ruler; so the ruler gives him permission. He may give him permission.
The questioner : I mean, the verse, Professor:
We have given his heir authority, but let him not exceed limits in [the matter of] taking life
فقد جعلنا لوليه سلطانا فلا يسرف في القتلThe Shaykh : No, no, this does not mean that he is free to do whatever he wants.
The questioner : Understood, of course, it is with the permission of the state.
The Shaykh : So, that settles it.
The questioner : I mean, the one who carries out the judgment is the wali, and if the wali is allowed to carry it out, he carries it out?
The Shaykh : I mean, the intended meaning is with the permission of the ruler.
The questioner : It is not permissible for the wali to take matters into his own hands without... This is clear.
Another questioner : The case of Uthman and the issue of the killing of 'Umar and 'Ali.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.