PROTECTION OF LIFE

The believers are ordained not to kill one another: (4:29)

Allah has sanctified human life, it is therefore a crime to take a life except for a just cause (Haq), i.e. for being subject to the dictates of the Divine Law. (25:68); (17:33); (6:152) (Allah has made the life of a human being sacred) _ "Nor should one take a life except for its being subject to the Divine Law".

It is the duty of an Islamic State to pursue the crime of murder and punish the offender: (2:178-179) "O you who believe! You are ordained to pursue the case of a murderer and punish the criminal according to law.

The crime of murder can be of two kinds: (i) willful murder, or (ii) murder by mistake. The punishment for willful murder is death (not blood-money or compensation) or anything less than the maximum punishment (4:93); in any case the punishment should not exceed the extent of crime. (42:40; 17:33).

But if the murder is not by intent or premeditated, but the result of a mistake (inadvertent), the punishment shall be blood-money (compensation) according to (4:92).

As it has been said before, premeditated murder and inadvertent or unintentional murder are two separate cases. For murder without intent it is said: (4:92) "Never should a believer kill a believer, except when by mistake: if one (so) kills a believer, it is ordained that he should free a believing slave and pay compensation to the family of the deceased (2:178), unless they forgive it as an act of grace. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom you have a treaty of mutual alliance, compensation should be paid to his family, along with freeing a believing slave. For those who find this beyond their means, it is prescribed for them that they should fast for two months running; this shall be considered sufficient cause for forgiveness by the Divine Law, for Allah is All-knowing, All-Wise."

Thus it is clear that blood money is allowed only in an unintentional murder, not in willful murder, punishment for willful (premeditated) murder is death. 

Killing the offspring is prohibited. But as has been said earlier, here murder may mean "to deprive them from education and proper nurture as well as actual killing. (6:52) see also (6:141; 17:31; 60:12).

Note: As it has been said earlier, it is not only sufficient to punish such persons as are guilty of these crimes, it is incumbent upon the government to compensate the affected people for the loss of life and property. It is the duty of the government either to compensate the loss by itself or make the offenders pay; it is of no concern to the heirs as to who pays. For them the government becomes the respondent because it takes the responsibility for the protection of life, wealth, chastity, honour and property of the peaceful citizens. If any of these things is lost (except when it is due to the carelessness, negligence and apathy of the owner himself), it shall mean that the government has not fulfilled its responsibility. Thus the claim for loss shall be against the government and not directly against the culprits.

Download Files

elementsofcrimeseng.pdf (0.32 MB )