Tuesday, 25 October 2011

Ruling on honour killings

 

I would like to know what the ruling on Honor killings would be and how it should be punished acording to the Laws of the Shariat.

Praise be to Allaah.

Killing a Muslim unlawfully
is a serious matter and a grave crime. Allaah says (interpretation of the
meaning): 

“And whoever kills a
believer intentionally, his recompense is Hell to abide therein; and the
Wrath and the Curse of Allaah are upon him, and a great punishment is
prepared for him”

[al-Nisa’ 4:93] 

al-Bukhaari (6355) narrated
from Ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “The believer will
continue to be encompassed by the mercy of Allaah so long as he does not
shed blood that it is forbidden to shed.” 

 

The Prophet (peace and
blessings of Allaah be upon him) has explained to us the reasons for which
it becomes permissible to shed this blood. He said: “It is not permissible
to shed the blood of a Muslim who bears witness that there is no god but
Allaah and that I am the Messenger of Allaah except in three cases: a life
for a life (murder), zina of one of who is previously-married (adultery),
and the one who changes his religion and forsakes the jamaa’ah.” Narrated by
al-Bukhaari (6370) and Muslim (3175). From this it is clear that zina on the
part of one who is married is one of the reasons that make it permissible to
kill a person, but the zaani (adulterer) cannot be killed unless two
conditions are met: 

-1-

He should be
previously-married. The scholars have explained what is meant by
previously-married in this case. Zakariya al-Ansaari (may Allaah have mercy
on him) said in Asna’l-Mataalib (4/128): The previously-married
person, whether male or female, is any adult of sound mind who has
previously had intercourse within a valid marriage. End quote. Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) said in al-Sharh al-Zaad
(6/120): There are five conditions for (being described as)
previously-married: 

1-   
Intercourse

2-   
Within a valid marriage

3-   
Being an adult

4-   
Being of sound reason

5-   
Being free (i.e., not a slave). 

End quote. 

-2-

The second condition is
that it should be proven that the hadd punishment is deserved, by the
testimony of four male witnesses who saw the private parts meet, or the
person should freely admit to having committed zina, without being forced to
do so. 

If it is proven that he
deserves the hadd punishment, it is not permissible for individuals to carry
out this punishment themselves. Rather the matter must be referred to the
ruler or his deputy to prove the crime and carry out the punishment, because
if individuals carry out hadd punishments, that will lead to a great deal of
corruption and evil. 

Ibn Muflih al-Hanbali (may
Allaah have mercy on him) said in al-Furoo’ (6/53): It is haraam for
anyone to carry out a hadd punishment except the ruler or his deputy. This
is something on which the fuqaha’ of Islam are unanimously agreed, as was
stated in al-Mawsoo’ah al-Fiqhiyyah (5/280): The fuqaha’ are
unanimously agreed that the one who should carry out hadd punishments is the
ruler or his deputy, whether the punishment is transgressing one of the
limits of Allaah, may He be exalted, such as zina, or a transgression
against another person, such as slander. End quote. 

Concealing one who has
committed this evil deed so that he may repent and set his affairs straight
before he dies is better than exposing him, let alone killing him. The
Prophet (peace and blessings of Allaah be upon him) turned away from
Maa’iz (may Allaah be pleased with him) after he admitted committing zina,
and he ignored him until he had repeated his confession several times, then
he carried out the hadd punishment on him. 

Based on this, that which
is called “honour killing” is a transgression and wrongdoing, because it is
killing one who does not deserve to be killed, namely the virgin if she
commits zina (fornication), but the shar’i punishment in her case is
flogging and banishment for one year, not execution, because the Prophet
(peace and blessings of Allaah be upon him) said: “(The punishment for
zina) of a virgin with a virgin person is one hundred lashes and exile for
one year.” Narrated by Muslim. The one who kills her has killed a believing
soul whom Allaah has forbidden to be killed, and there is a stern warning
concerning that, as Allaah, may He be glorified and exalted, says
(interpretation of the meaning): 

“And those who invoke not any other ilaah (god) along with
Allaah, nor kill such person as Allaah has forbidden, except for just cause,
nor commit illegal sexual intercourse ___ and whoever does this shall
receive the punishment.

69. The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace”

[al-Furqaan 25:68-69] 

Even if we assume that she
deserves to be executed (if she was previously-married and committed zina),
no one should do that but the ruler – as stated above. Moreover, in many
cases killing is done on the basis of accusations and speculation, without
proving whether the immoral action even took place. 

And Allaah knows best.

From learning Quran online Blog 

And important note that we want to discuss and share with you it is about Quran reading and doing Quran recitation online to understand it, Ramadan is the month when the beautiful the Holy Quran has been revealed.  A miracle by the creator of the worlds, Allah (SWT)  Should we not glorify him by reading quran the gift he has sent down for us and learn Arabic Quran by heart  to feel the power of it and we as Muslim should try to learn quran with translation to understand it  wile we do Quran memorization and let our heart fill will tears of glory and wash away our sins in the month of Ramadan many people teach quran  and we should participate in teaching quran as much as we could because it is the noble cause to spread the word of Allah and the quran tutor will get the reword in the day of judgment “Will they not meditate on the Quran, or are there locks on the hearts”, Quran for kids , Surah Muhammad, Verse 24. Here is an interesting tajweed quran reciter where you can listen to quran from top Koran reciters and read the Koran with different translation and plz link to it and share it to promote islam

End from online Quran reciter blog

 

No comments:

Post a Comment