Surah Bani Israil Verse No. 33
"And do not kill a person whom Allah has given sanctity, except for a just reason. And whoever is killed unjustly, We have given his waliy (legal heir) authority, but he shall not cross the limit and the matter of taking life. He is surely supported."
"And do not kill a person whom Allah has given sanctity, except for a just reason. And whoever is killed unjustly, We have given his waliy (legal heir) authority, but he shall not cross the limit and the matter of taking life. He is surely supported."
Commentary: this eighth injunction is about the prohibition of killing unjustly. Virtually all groups, religions and sects of the world take it to be a grave crime. In hadith, the holy prophet (saw) said, “ the destruction of the entire world is lighter in the sight of Allah than the unjust killing of a believer.” In addition to this, some reports also carry the words: “Even if the inhabitants of Allah’s seven heavens and seven earths were to join in the killing of a believer unjustly, He will put all of them into the Hell.”
And in another hadith the holy prophet has been reported to have said, “ whoever abets in the killing of a believer by assisting the killer even with one word will be brought before Allah (swt) on the day of resurrection. And written on his forehead shall be: "Deprived of the mercy of Allah"
And al-Baihaqi reports on the authority of seyiedna Abdullah bin Abbas and sayidna Mua’aviyah (R.) that the Holy Prophet (saw) said, “Hopefully, Allah Ta’alah may forgive every sin except of the person who died in the state of disbelief (kufr) or who killed a believer intentionally and unjustly.”
The meaning of unjust killing
Imam Bukhari (R.) and Muslim (R.) have reported on the authority of Sayidna Abdullah bin Masud (R.) that the Holy Prophet (Saw) said, “The blood of any Muslim who bears testimony that Allah is one and I am His messenger is not Halal (lawful) except under three situations. 1. He has, despite being married, committed adultery [for his legal punishment is that he should stone to death). 2. He who has killed a person unjustly (for his punishment is that the waliy (legal heir) of the person killed can get him killed under the law of Qisas (even retaliation).] 3. A person who has reneged {as an apostate: muratad} form the religion of Islam (for he too is killed in punishment).
Who has the right to take Qisas
It has been said in this verse that this is the right of the waliy (legal heir) of the person killed. In the absence of a lineal waliy, the head of the Islamic government will heave this right-for, he too, in a way, is the waliy of all Muslim. Therefore in Islamic jurist terminology, the former is called real, and the later, legal.
Injustice is not answered by injustice, but by justice: so, be just even when punishing criminals
The statement: (fala yusrif fil qatl’: but he shall not cross the limit in the matter of taking life) is a special provision of Islamic law the outcome of which is that it is not permissible to avenge injustice by counter injustice. Even when retaliating, it is necessary to uphold the demand of justice. Until such time that the legal heir (waliyy) of the person killed represented by him, through the legal provisions of Qisas, then, the law of the Shari’ah stands in his favour. The reason in hat he is surely supported, and Allah Ta’ala is the supporter. And I case, he is all blinded by the desire of revenge and exceeds the limits of Islamic legal retaliation, then he, instead of being the one oppressed (mazlum), became the oppressor (zalim) while the oppressor (zalim) became the one oppressed by him (mazlum). Now things will stand reversed. Allah Ta’ala and His Law will not support him. Instead, it will support the other party and shield him from injustice.
During the days of the Jahiliyah, it was common practice of the Arabs that, in retaliation of a person killed, they would avenge him by killing anyone they could lay their hands on from among the family of friends of the killer. There were occasions when it would turn out that the person killed was someone notable among them. In that case, they would not take it as sufficient to kill only the killer in even retaliation for their man. In fact, to avenge one life, they would take the lives of two, three or many more men. Some of them would become so crazy in the heat of their passion for revenge that they would not be simply satisfied after having killed the killer. They went on to commit the horror of cutting off body parts such as the nose, ears etc. to save as deterrents. All such actions are extra to the limits set by the Islamic Law of Even Retaliation (Qisas), and are patently haram (unlawful). Therefore, such activities have been stopped by the proviso: (but he shall not cross the limit in the matter of taking life).
And al-Baihaqi reports on the authority of seyiedna Abdullah bin Abbas and sayidna Mua’aviyah (R.) that the Holy Prophet (saw) said, “Hopefully, Allah Ta’alah may forgive every sin except of the person who died in the state of disbelief (kufr) or who killed a believer intentionally and unjustly.”
The meaning of unjust killing
Imam Bukhari (R.) and Muslim (R.) have reported on the authority of Sayidna Abdullah bin Masud (R.) that the Holy Prophet (Saw) said, “The blood of any Muslim who bears testimony that Allah is one and I am His messenger is not Halal (lawful) except under three situations. 1. He has, despite being married, committed adultery [for his legal punishment is that he should stone to death). 2. He who has killed a person unjustly (for his punishment is that the waliy (legal heir) of the person killed can get him killed under the law of Qisas (even retaliation).] 3. A person who has reneged {as an apostate: muratad} form the religion of Islam (for he too is killed in punishment).
Who has the right to take Qisas
It has been said in this verse that this is the right of the waliy (legal heir) of the person killed. In the absence of a lineal waliy, the head of the Islamic government will heave this right-for, he too, in a way, is the waliy of all Muslim. Therefore in Islamic jurist terminology, the former is called real, and the later, legal.
Injustice is not answered by injustice, but by justice: so, be just even when punishing criminals
The statement: (fala yusrif fil qatl’: but he shall not cross the limit in the matter of taking life) is a special provision of Islamic law the outcome of which is that it is not permissible to avenge injustice by counter injustice. Even when retaliating, it is necessary to uphold the demand of justice. Until such time that the legal heir (waliyy) of the person killed represented by him, through the legal provisions of Qisas, then, the law of the Shari’ah stands in his favour. The reason in hat he is surely supported, and Allah Ta’ala is the supporter. And I case, he is all blinded by the desire of revenge and exceeds the limits of Islamic legal retaliation, then he, instead of being the one oppressed (mazlum), became the oppressor (zalim) while the oppressor (zalim) became the one oppressed by him (mazlum). Now things will stand reversed. Allah Ta’ala and His Law will not support him. Instead, it will support the other party and shield him from injustice.
During the days of the Jahiliyah, it was common practice of the Arabs that, in retaliation of a person killed, they would avenge him by killing anyone they could lay their hands on from among the family of friends of the killer. There were occasions when it would turn out that the person killed was someone notable among them. In that case, they would not take it as sufficient to kill only the killer in even retaliation for their man. In fact, to avenge one life, they would take the lives of two, three or many more men. Some of them would become so crazy in the heat of their passion for revenge that they would not be simply satisfied after having killed the killer. They went on to commit the horror of cutting off body parts such as the nose, ears etc. to save as deterrents. All such actions are extra to the limits set by the Islamic Law of Even Retaliation (Qisas), and are patently haram (unlawful). Therefore, such activities have been stopped by the proviso: (but he shall not cross the limit in the matter of taking life).
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