This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
The Sanctity of Blood
Islam has made human life sacred and human beings respected. Committing injustice against a human life is such a great crime that it ranks just after disbelief and polytheism. The Quran states:
أَنَّهُ مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا
"Whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely."
Reference: (Surah Al-Ma'idah: 32)
This is because the entire human race is considered one family. Injustice to one person is, in fact, injustice to the entire human race. This sanctity becomes even more severe when the victim is a believer.
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا
"And whoever kills a believer intentionally, his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment."
Reference: (Surah An-Nisa: 93)
And the Messenger of Allah (peace be upon him) said:
لزوال الدنيا أهون على الله من قتل رجل مسلم
"The destruction of the world is less significant in the sight of Allah than the killing of a Muslim."
Reference: Tirmidhi, Kitab al-Diyat, Chapter on the severity of killing a believer, Hadith: 1395. Nasa'i, Kitab al-Tahreem al-Dam, Chapter on the sanctity of blood, Hadith: 3992
And he said:
لا يزال المؤمن فى فسحة من دينه مالم يصب دما حراما
"A believer remains within the bounds of religion as long as he does not commit unlawful killing."
Reference: Bukhari, Kitab al-Diyat, Chapter: (1), Hadith: 6962
He also said:
كل ذنب عسى الله أن يغفره إلا الرجل يموت مشركا أو الرجل يقتل مؤمنا متعمدا
“Forgiveness and pardon from Allah can be expected for every sin except for the person who dies upon shirk (associating partners with Allah) or the person who deliberately (intentionally) kills a believer.”
Reference: Abu Dawood, Book of Fitnah, Chapter on the Greatness of Killing a Believer, Hadith: 4270. Sahih Ibn Hibban, Mawarid: 51. Mustadrak Hakim: 351/4
In view of the above verses and ahadith, the opinion of Sayyiduna Ibn Abbas (may Allah be pleased with him) was that the repentance of the killer is not accepted.
Reference: Bukhari, Book of Tafsir, Surah Al-Furqan, Hadith: 4762. Muslim, Book of Tafsir, Chapter: (1), Hadith: 3023
Probably, according to them, for repentance to be accepted, it is necessary that the rights of the concerned individuals be restored or they be satisfied. But how can the right of the murdered be restored or satisfied when he is no longer in this world?
Other scholars say that sincere repentance is accepted and it also erases shirk. Therefore, if a sin is of a lesser degree than shirk and repentance is made for it, then how can that repentance not be accepted?
Allah Almighty says:
وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَٰهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ ۚ وَمَن يَفْعَلْ ذَٰلِكَ يَلْقَ أَثَامًا 68 يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا 69 إِلَّا مَن تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُولَٰئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ ۗ وَكَانَ اللَّهُ غَفُورًا رَّحِيمًا
“(The servants of the Most Merciful are) those who do not invoke any other god along with Allah, nor kill any soul which Allah has forbidden, except by right, nor commit adultery. And whoever does this will receive the recompense of his sin. On the Day of Resurrection, he will be given double punishment and will abide therein with disgrace. Except for those who repent, believe, and do righteous deeds; for those Allah will replace their evil deeds with good. And Allah is Oft-Forgiving, Most Merciful.”
Reference: (Surah Al-Furqan: 68 to 70)
[KILLER AND VICTIM BOTH WILL BE IN FIRE]
The Prophet ﷺ has declared the killing and fighting among Muslims as a form of disbelief and an act of ignorance. Just as the people of ignorance used to fight and shed blood over giving water to a she-camel or a horse.
The Prophet ﷺ said:
سباب المسلم فسوق وقتاله كفر
"Insulting a Muslim is immorality, and fighting with him is disbelief."
Reference: Bukhari, Book of Manners, Chapter on What is Forbidden Regarding Insulting and Cursing, Hadith: 6044. Muslim, Book of Faith, Chapter Explaining the Prophet's Saying on Insulting a Muslim Being Immorality, Hadith: 64
لا ترجعوا بعدي كفارا يضرب بعضكم رقاب بعض
"Do not become disbelievers after me by killing one another."
Reference: Bukhari, Book of Blood Money, Chapter (Whoever Revives It), Hadith: 6868, 6869. Muslim, Book of Faith, Chapter Explaining the Meaning of the Prophet's Saying 'Do Not Return After Me as Disbelievers', Hadith: 65
He also said:
When two Muslims raise weapons against each other, they stand at the edge of Hell. When one kills the other, both enter Hell. Someone asked: O Messenger of Allah ﷺ! The case of the killer is understood, but how will the killed enter Hell? He said: He also intended to kill his companion.
Reference: Bukhari, Book of Blood Money, Chapter Whoever Revives It, Hadith: 6875. Muslim, Book of Tribulations, Chapter When Two Muslims Face Each Other with Their Swords, Hadith: 2888
Therefore, the Prophet ﷺ forbade every act that leads to killing and causes war, even if it is only by pointing a weapon. The Messenger of Allah ﷺ said:
لا يشر أحدكم إلى أخيه بالسلاح فإنه لا يدري لعل الشيطان ينزع فى يده فيقع فى حفرة من النار
"None of you should even point a weapon at his brother. Who knows, Satan might cause his hand to slip and he falls into the Hellfire."
Reference: Bukhari, Book of Tribulations, Chapter The Prophet's Saying on Those Who Carry Weapons Against Us, Hadith: 7072. Muslim, Book of Virtue and Good Manners, Chapter Prohibition of Pointing with a Weapon, Hadith: 2617
He also said: Whoever points a weapon at his brother, angels curse him until he desists, even if he is his own brother.
Reference: Muslim, Book of Virtue and Good Manners, Chapter Prohibition of Pointing with a Weapon, Hadith: 2616
Indeed, the Prophet ﷺ said: It is not permissible for a Muslim to frighten another Muslim.
Reference: Abu Dawood, Book of Manners, Chapter Whoever Takes Something in Jest, Hadith: 5004
The sin of killing will not only be upon the killer but also on the person who participates in it by word or deed. He will deserve Allah’s wrath according to his degree of participation, even the person present at the time of killing will share in the sin. The hadith states:
No one should remain in a place where a person is being killed because those present at the scene who do not try to save him will also be cursed.
Reference: Reported by Al-Tabarani in Al-Kabeer: 11/260 as in Al-Mujam: 294/8 and its chain is weak
The Sanctity of the Blood of a Contract and a Dhimmi
The texts that state the sanctity of killing and fighting among Muslims serve as law and guidance for Muslims in an Islamic society. This does not mean that the blood of a non-Muslim is permissible.
In fact, the life of every human being is sacred, and it is necessary to protect it as a human being, provided that the non-Muslims are not fighting against the Muslims. And if they are under a treaty or are dhimmis, then their lives must also be protected, and it is not permissible for any Muslim to be harsh towards them. Accordingly, the Prophet Muhammad (peace be upon him) said:
من قتل معاهدا لم يرح رائحة الجنة وإن ريحها توجد من مسيرة أربعين عاما
Reference: Bukhari, Book of Jizya, Chapter: The Sin of Killing a Mu'ahad, Hadith: 3166
"Whoever kills a mu'ahad (one who has a treaty not to fight) will not even smell the fragrance of Paradise, although its fragrance can be detected from a distance of forty years."
In another narration, it is said:
من قتل رجلا من أهل الذمة لم يجد ريح الجنة
"Whoever kills a dhimmi will not even smell the fragrance of Paradise."
Reference: Nasa'i, Book of Qisas, Chapter: The Great Sin of Killing a Mu'ahad, Hadith: 4753
When does the sanctity of blood cease?
The Divine command is:
وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ
And do not kill any soul which Allah has forbidden, except by right.
Reference: (Surah Al-An'am: 151)
This right is established in the case of committing any one of the following crimes:
In the case of wrongful killing: If it is proven by evidence that a person has committed the crime of murder, it is obligatory to take Qisas (retribution), meaning life for life, as Allah Almighty commands:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ
"For you in the law of Qisas is life."
Reference: (Surah Al-Baqarah: 179)
Committing adultery openly: Such that four righteous persons witness the act of adultery with their own eyes and testify, provided that the person is aware of the lawful way of marriage. If the person himself confesses to the ruler four times, this confession will be equivalent to testimony.
Leaving Islam after entering it (apostasy) and openly challenging the Islamic community by this departure. Islam does not force anyone to enter the religion, but it also does not tolerate anyone playing with the religion.
The Hadith states:
لا يحل دم امرئ مسلم إلا بإحدى ثلاث: النفس بالنفس، والثيب الزاني، والتارك لدينه المفارق للجماعة
Reference: Bukhari, Book of Blood Money, Chapter: The Saying of Allah Almighty "Life for life", Hadith: 6878. Muslim, Book of Oaths, Chapter: What Permits the Blood of a Muslim, Hadith: 1676
And the blood of a Muslim is not lawful except in three cases:
1. Life for life.
2. One who commits adultery despite being married.
3. One who leaves the religion and separates from the community.
However, the responsibility for enforcing this punishment lies with the authority (leader, government, ruler of the time). Individuals do not have the right to enforce this punishment themselves, as it may endanger peace and cause lawlessness, and no one should consider themselves a judge or responsible for enforcing the law. However, in the case of intentional murder where Qisas is obligatory, Islam grants the heirs of the victim the right to take Qisas with their own hands in the presence of the ruler so that their hearts may be comforted, the fire of revenge extinguished, and the Divine command fulfilled:
وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلَا يُسْرِفْ فِي الْقَتْلِ ۖ إِنَّهُ كَانَ مَنْصُورًا
"Whoever is killed wrongfully, We have given his heir authority, so let him not exceed limits in the matter of taking life. Indeed, he is supported."
Reference: (Surah Al-Isra: 33/17)
Suicide
Considering the texts related to murder, suicide is also included in this crime. Therefore, whoever commits suicide by any means has killed a soul, the unjust killing of which Allah has forbidden.
A person is not the owner or master of his own life because he is not even the creator of a single cell or particle of life. Life is a trust from Allah. Therefore, it is not permissible for him to commit any excess in this matter, let alone end it himself.
The Divine command is:
وَلَا تَقْتُلُوا أَنْفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا
"Do not kill yourselves. Indeed, Allah is to you ever Merciful."
Reference: (Surah An-Nisa: 29)
Islam wants a Muslim to face hardships (calamities) with strong willpower. Therefore, fleeing from life out of fear of any calamity or due to the non-fulfillment of any hope is absolutely not permissible. A believer is born to struggle, not to sit idle. His creation is for struggle, not for escape. His faith and morals refuse to flee from the arena of life. He has a weapon that never fails and a store that never ends. That weapon is firm faith, and that store is the maturity of morals.
Whoever commits this heinous crime, the Messenger of Allah (peace be upon him) has warned that he will be deprived of Allah’s mercy and will deserve His wrath.
The Prophet (peace be upon him) said:
"Among those who passed before you, there was a man who was wounded and began to panic. In that state, he took a knife and cut off his hand, causing so much blood to flow that he died. Allah said: My servant hastened in regard to his soul, so I have forbidden Paradise for him."
Reference: Bukhari, Book of Prophetic Traditions, Chapter on what was mentioned about Bani Israel, Hadith: 3463. Muslim, Book of Faith, Chapter on the severity of the prohibition of killing oneself, Hadith: 113
This is an example of a person who could not bear the wound and committed suicide, thus forbidding Paradise for himself. So consider how severe the case of those who commit suicide due to minor losses in business or failure in tests will be? Those with weak will should take heed of this warning mentioned in the Prophetic hadith:
من تردى من جبل فقتل نفسه فهو فى نار جهنم خالدا مخلدا فيها أبدا، ومن تحسى سما فقتل نفسه فسمه فى يده يتحساه فى نار جهنم خالدا مخلدا فيها أبدا، ومن قتل نفسه بحديدة فحديدته فى يده يتوجأ بها فى نار جهنم خالدا مخلدا فيها أبدا
"Whoever throws himself from a mountain and kills himself will be in the fire of Hell forever and ever. Whoever drinks poison and kills himself will be in the fire of Hell forever and ever, eating poison with his own hands. And whoever kills himself with an iron weapon will be in the fire of Hell forever and ever, stabbing himself with that iron weapon."
Reference: Bukhari, Book of Medicine, Chapter on Drinking Poison as Medicine, Hadith: 5778. Muslim, Book of Faith, Chapter on the severity of the prohibition of killing oneself, Hadith: 109
