Inquiring about the noble verse in the saying of Allah the Exalted: "And do not kill the soul which Allah has forbidden except by right, and whoever is killed"
Machine translationRead the Arabic original
The questioner : Inquiring about the noble verse in the saying of Allah the Exalted: [Al-Isra 17:33] ?
The Shaykh : Allah, Glorified and Exalted is He, forbids killing the soul which Allah has forbidden except by right. The souls which Allah has forbidden to be killed belong to four categories: the Muslim, the dhimmi (a non-Muslim under Muslim protection), the mu'ahad (one with a treaty), and the musta'min (a non-Muslim granted safe conduct). These four groups of people have protected souls, and it is not permissible for anyone to transgress against them. Allah the Exalted said: meaning that if you kill the soul which Allah has forbidden by right, such as in the case of qisas (retaliation in kind), then that is permissible. Allah the Exalted said: [Al-Ma'idah 5:45] to the end of it. And His saying, the Exalted: [Al-Isra 17:33] means that if a person is killed wrongfully, then his wali (guardian), meaning the guardian of the murdered person, has the authority to kill the killer. The "authority" here includes both cosmic and legal authority. As for the legal authority, it is what Allah the Exalted has permitted in the form of qisas. As for the cosmic authority, the general rule is that the killer will inevitably be found and killed. Among the sayings of the common people is their phrase: "The killer is killed" meaning that Allah the Exalted will surely enable his capture so that he is found and killed. And His saying: [Al-Isra 17:33] means that the guardian of the murdered person should not exceed the limits in killing, meaning in killing the killer. Rather, he should kill him in the same manner that he killed the first victim. From this, we know that the killer is subjected to qisas in the same manner as he killed. For example, if he killed by beheading, we behead him; if he killed by shooting, we shoot him; if he crushed his head between two stones, we crush his head between two stones, and so on.
It should be known that qisas is not carried out except in the presence of the sultan, the one in authority, or his delegate, so that the guardians of the murdered person do not transgress in the qisas. Yes.
The questioner : May Allah reward you and bless you. The questioner, Abd al-Rahman Yusuf, says.
And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].
وَلا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلا يُسْرِفْ فِي الْقَتْلِ إِنَّهُ كَانَ مَنصُورًاThe Shaykh : Allah, Glorified and Exalted is He, forbids killing the soul which Allah has forbidden except by right. The souls which Allah has forbidden to be killed belong to four categories: the Muslim, the dhimmi (a non-Muslim under Muslim protection), the mu'ahad (one with a treaty), and the musta'min (a non-Muslim granted safe conduct). These four groups of people have protected souls, and it is not permissible for anyone to transgress against them. Allah the Exalted said:
Except by right
إِلَّا بِالْحَقِّAnd We ordained for them therein a life for a life, an eye for an eye, a nose for a nose
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالأَنفِAnd whoever is killed unjustly - We have given his heir authority
وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًاbut let him not exceed limits in [the matter of] taking life
فَلا يُسْرِفْ فِي الْقَتْلِIt should be known that qisas is not carried out except in the presence of the sultan, the one in authority, or his delegate, so that the guardians of the murdered person do not transgress in the qisas. Yes.
The questioner : May Allah reward you and bless you. The questioner, Abd al-Rahman Yusuf, says.