gavel, auction, law

punishment for murder

“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. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.” (Quran 2:178)

Authority Given

To kill somebody who committed murder.

Rulings

Legal retribution, the murderer has to be proven guilty, and punished by the legal system/court. Self revenge or lynching is not acceptable.

Punishable

The freeman for the freeman, the slave for the slave, and the female for the female.

If the murderer is a freeman, he shall pay for his crimes. A slave cannot be punished for the crime of his master, nor a husband can be punished for the crime of his wife, etc.

Forgiveness

If victim’s guardian choses to forgive the guilty, then the guilty is to repay him a reasonable demand and payment in a good manner.

As a mercy of God, to prevent further escalation of dispute between the victim and the murderer.

Limits & Prohibitions

The forgiven shall not be harmed after he has fulfilled the demands of the victim’s guardian.

Penalty for Transgression

If the forgiven is harmed even after satisfying the demands, the transgressor will have a painful punishment in this world or the hereafter. 

Fighting at the sacred mosque

Fight in the way of God those who fight you but do not transgress. Indeed. Allah does not like transgressors. And slay them wherever ye catch them, and turn them out from where they have Turned you out; for tumult and oppression are worse than slaughter; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. Such is the reward of those who suppress faith. And if they cease, then indeed, God is Forgiving and Merciful. And fight them on until there is no more oppression, and there prevail justice and faith in God; but if they cease, Let there be no hostility except to those who practice oppression. (Quran 2:190-193)

Authority Given

To fight only those who fight you first and slay them wherever ye catch them, and turn them out from where they have turned you out.

Rulings

Fight is permitted if they fight you first, and it must be within the limits of Islam:

i.e. Stop fighting them when they stop fighting you, women and children shall not be harmed, war captives are not to be tortured or murdered etc.

Justification for Fighting

For their oppression, initiations of fights, driving out of your homes, slaughter and suppressing faith.

Prohibitions & Exceptions

It’s prohibited to fight in the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. 

It’s prohibited to fight them if they have stopped fighting you.

Justification to Stop Fighting

For God is indeed Forgiving and Merciful.

battle of badr

God has already made you victorious at Badr, when you were much weaker than them. So fear God much [abstain from all kinds of sins and evil deeds which He has forbidden and love God much, perform all kinds of good deeds which He has ordained] that you may be grateful. (Quran 3:123)

Yes, if you remain patient and conscious of God and the enemy comes towards you [attacking] in rage, your Lord will reinforce you with five thousand angels having marks [of distinction] (Quran 3:125)

Authority Given

Defensive war.

 

Rulings

Enemies must initiate the war without the possibility of a truce or mutual settlement.

Fighting for the innocents

And what is wrong with you that you don’t fight for God, and for those who are weak, ill-treated and oppressed among men, women, and children, who cries:

“Our Lord! Save us from this town whose people are oppressors; and give us someone who will protect us, and give us someone who will help.” (Quran 4:75)

Authority Given

To defend the weak from oppression. 

 

Rulings

To help or fight for those seeking protection and help from God, while they are oppressed.