Shaykh Muhammad Ibrahim bin Basheer
Benefit:
➊ The debated issue here is whether the repentance (tawbah) of one who deliberately and unjustly kills a believer can be accepted. Sayyiduna Ibn Abbas radi Allahu anhuma does not hold this view, because a specific verse of Surah al-Nisa has been revealed regarding this:
﴿وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا﴾ (al-Nisa: 93)
“And whoever kills a believer intentionally (unjustly), his recompense is Hell, wherein he will abide forever. Allah’s wrath and curse are upon him, and Allah has prepared for him a great punishment.”
The apparent wording of the verse supports Sayyiduna Ibn Abbas radi Allahu anhuma, and furthermore, this is the greatest of the rights of people (huquq al-‘ibad), so how can there be forgiveness without the consent of the murdered person? However, other scholars are of the opinion that his repentance is also accepted. Their evidence is from the verse in Surah al-Furqan:
﴿إِلَّا مَن تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُولَٰئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ وَكَانَ اللَّهُ غَفُورًا رَّحِيمًا ﴾ (al-Furqan: 70)
“Except for those who repent, believe, and do righteous deeds—for them Allah will replace their evil deeds with good ones. And Allah is ever Forgiving, Merciful.”
In the preceding verse, major sins are mentioned, and among them is also murder. The position of Sayyiduna Ibn Abbas radi Allahu anhuma is that this verse is about the disbelievers; that is, if someone commits murder while in a state of disbelief, then repents and accepts Islam, by the blessing of Islam his sins will be forgiven, including murder. However, if after having faith, someone deliberately kills an innocent believer, then for him is the verse in Surah al-Nisa, in which there is no room for repentance.
But Sayyiduna Ibn Abbas radi Allahu anhuma is alone in this matter. The majority of scholars are of the opinion that repentance is accepted, because after all, this is a major sin, not disbelief, so it is forgivable. ﴿وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَاءُ﴾ (al-Nisa: 48) As for its relation to the rights of people (huquq al-‘ibad), it is not far-fetched that Allah, if He wills to forgive someone, will make the murdered person pleased with him from Himself, for example: by sending him to Paradise by His grace and making him happy, so that he forgives, and so on.
➋ “Abrogated”: By this verse is meant the verse in Surah al-Furqan in which repentance is mentioned. Its abrogation is plausible because it is a Makkan verse, and the other verse in Surah al-Nisa is Madinan. However, in light of the following reconciliation, there is no need to call any verse abrogated. And Allah knows best. (Also see, Hadith: 3989, and Hadith: 4013)
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 494