When Exactly Are We Allowed To Kill A Human?

[StarryNight]

Salam everyone,

 

I'm not sure how to pose the question but I guess what I'm wondering is if for example: Somebody I know killed a family member and I'm 100% certain that such person killed her/him... am I allowed to "make justice" with my own hands? e.g: killing them too? is it a sin in fiqh?

 

Does Allah gives us the opportunity to make justice with our own hands? or are we supposed to just let it go because killing the person that killed ur mom, dad, sibling, child, etc would be haram? I mean I know we are able to battle and that self-defense killing is not a sin but...if we have the chance to make justice for something personal such as the example I gave, is it a sin? 

[Ali Musaaa :)]

War & self defence. Jihad includes defending your life, family & property.

Yes it is a sin. You do not have the right to take what you perceive as 'justice' into your own hands.

[GodBlessAli]

War & self defence. Jihad includes defending your life, family & property.

Yes it is a sin. You do not have the right to take what you perceive as 'justice' into your own hands.

 

War and self-defence are not the only ways. I believe in Saudi Arabia, if a person gets assassinated, the family of the victim gets to choose the fate of the murderer (live or die). In which case a member of the family can take the life of the murderer. I agree with this law, personally.

 

An eye for an eye.

[myouvial]

Sue through the justice authority.

 

However, if there is no 'adl just authority

 

If I see someone kill my family in front of my eyes, I would retaliate what ever sin i will take.

[Abu Hadi]

Short answer, no. 

If you have evidence, you must present it to the court in the country where you live and let the court handle it.

I realize that in many countries, the courts are corrupt, inept (especially in countries like Pakistan and Afghanistan) and most likely you will not get justice, but you must make the effort and present the evidence, even if there is little chance.True justice seldom happens in this life, but you will see it on the Day of Judgement (Youm Al Qiyammat), and you can be sure of that. 

 

The only time(s) you are allowed to take a person's life (that I know of) is 

1) A person is attempting to kill you or your family or innocent bystanders (present tense) and you have the means to stop them, i.e. self defense

2) In a battle declared by a Masoom Imam(a.s) or in defense of your country if it is being invaded by a foreign army. 

3) If a non muslim attempts to expel a muslim from their home without right (Haqq) to do that. 

 

The fourth circumstance, to apply the Had(Islamically prescribed punishment) on a criminal who has been rightly convicted in an Islamic Court doesn't apply to any of us. Salam. 

Edited December 9, 2013 by Abu Hadi

[Ugly Jinn]

^Don't forget apostasy and insulting Islam. 

 

3) If a non muslim attempts to expel a muslim from their home without right (Haqq) to do that. 

 

So it's not as bad if a Muslim commits the same crime <> justice.  :wacko:

Edited December 9, 2013 by Ugly Jinn

[The Green Knight]

To summarize all past and future posts:

 

- Nay. Ye shall not kill other humans. Even if it is Hz. Yazid or Kaabeel or whatever. Lest thine governments and law enforcement qadhis kill thine foes for thee if they are into killing. And I shall strike down upon thee with great vengeance and furious anger if ye shall avenge yerself for certainly it is mighty hokey that ye forgive thine killer. And know ye that smiting down the evil is the work of the cursed Salafi terrorists alone.

 

- And Lo, thou shalt allow other humans to kill thee, rob thee and persecute thee. Fie upon thine killers. They shalt be (SOMEDAY) punished!~

 

Verily, such is the will of the holy sauce. It wishes to purify thee of yer sins, yer burdens and yer tithe and taxes by punishing thee perpetually and making thee a witness over your own eternal desecration.

[Waiting for HIM]

Salam everyone,

 

I'm not sure how to pose the question but I guess what I'm wondering is if for example: Somebody I know killed a family member and I'm 100% certain that such person killed her/him... am I allowed to "make justice" with my own hands? e.g: killing them too? is it a sin in fiqh?

 

Does Allah gives us the opportunity to make justice with our own hands? or are we supposed to just let it go because killing the person that killed ur mom, dad, sibling, child, etc would be haram? I mean I know we are able to battle and that self-defense killing is not a sin but...if we have the chance to make justice for something personal such as the example I gave, is it a sin? 

You MUST follow the law of the land.

So in places where the Law of Land allows you to protect yourself (such as in most states of USA), you can protect yourself with a deadly force. 

In places where law of the land does not allow you to protect your life, honor, property, the Law of the Land is defective and basic human nature of self survival dictates the terms, no matter what the repercussions (such as Pakistan).

 

Now what Sharia says about it is this:

Saving you life is wajib. Hence Taqiyya is allowed.

 

There are a whole bunch of other rulings. This is what I found on one of current days Marja', Ay. Mukarim Shirazi website. Search "gun" on his website and you will see all the fatawa related to defending yourself even with a deadly force.

 

Here are a few Q&A from the Marja' on impromptu self defense (according to our beautiful faith, pre-mediated murder or mass murder is haram):

Q: If a person has been kidnapped and is facing death and has no choice except fighting back (like the kidnapper is blocking his/her way by gun ) then what is his/her duty?

A: This person can defend himself/herself, although he/she has no choice except killing the attacker.

 

Q: Is it permissible for a person who is in danger of his enemies to provide weapon s from the share of Imam (a.s.) and other religious funds (Khums sehm Imam)?

A: It is permitted with the permission of religious governor or his deputy.

 

Q: Two persons have tied up the hands and feet of a 16 years old boy and then have raped him. Rapists have gone to sleep after their ugly act. That young person has beaten one of them in sleep by iron and in result has killed him and has murdered another one with knife after awakening. Is he convicted to Qisas, considering that he has performed these acts for defending himself and by assuming that their blood was wasted?

A: If it is proved that he has performed these acts for defending himself and by this fear that they don’t rape him again then it has neither Qisas nor Diyah; but if it is proved that he has assumed that their blood was wasted and has performed the order of god about them then it doesn’t have Qisas but it has Diyah.

 

Q: If a person shoots another person assuming that he is attacking him then does it have Qisas?

A: If the shooter has shot assuming that the other person is attacking him then it doesn’t have Qisas but he should pay the Diyah.

 

Q: Ali has a 22 years old sister. Hassan has proposed her several times but her family has rejected his request for marriage. Some months ago, he went to the house of Ali’s family and courted her sister again, but they reject him again. Then Hassan claimed that he has raped Ali’s sister by force! Ali got mad by hearing this expression and killed Hassan by gun. These matters have been expressed by the murderer in different stages of investigation before police officers and court, also his sister has confirmed this matter with a little difference and has also confirmed the expressions of Hassan. What is the ruling of this matter?

A: If he has performed deliberate murder then here, its ruling is Qisas. And if has lost control and exited from normal condition or has thought that killing the rapist is religiously permitted for him then it doesn’t have Qisas, but it has Diyah. And if it is doubtful then Diyah applies, too; but Qisas will not be performed.

 

Q: Is it permissible for a person to kill an attacker who has assaulted him or his family or other persons in order to defend them?

A: If there is no way of expelling the assaulter other than killing him/her then this act is permitted; but if the person cannot prove this matter later then Qisas will be performed.

 

Q: In cases of impermissibility of confronting the criminal or the robber, what is the ruling of murder of the criminal or the robber by the person who claims the defense ?

A: It should be proved that the person who claims the defense has killed the robber really in order to defend and had no other choice for saving his/her life and property.

 

Q: Something happened to me during the occupation of Kuwait by Iraqi forces, please answer this matter for me. This was the story; when I returned home in the eighth day of occupation of Kuwait by Iraqi forces, I saw one of Iraqi soldiers standing beside my little brother. I asked him who is he? He said: he is one of Iraqi soldiers who kill people of Kuwait, but I ignored his expression and went to my room and started the prayer. At this moment, that soldier shot my little brother in the way that he started bleeding but he had not fallen on the ground yet that I became prepared for defense because of fear of my life and my family and attacked him. How was this defense according to religion?

A: If that aggressive soldier had the intention of aggression to your life or assets or children then it was permitted to defend by any means and his blood is wasted.

 

http://makarem.ir/Question/ViewQuestion.aspx?lid=1

 

 

Pakistani Shia take note...

Edited December 9, 2013 by Waiting for HIM

[Abu Hadi]

^Don't forget apostasy and insulting Islam. 

 

 

So it's not as bad if a Muslim commits the same crime <> justice.  :wacko:

 

Not every penalty carried out by a court which calls themselves Islamic is actually a just penalty, according to the teaching of Prophet(p.b.u.h) and Imams(a.s). You would need to examine the Hukm (Islamic Jurisprudence) and circumstances of the offense. 

It is also not good to generalize to all penalties carried out by Islamic courts and say they are unjust (Like what Christian Fundamentalists in the U.S. do) or like what you usually do, just say all penalties carried out by an Islamic Court in Iran are unjust. 

Edited December 9, 2013 by Abu Hadi

[The Green Knight]

*Yawn*

 

On a serious note, just be absolutely and perfectly sure about whatever you plan to do because God knows perfectly and in detail and even if there is so much as a speck of excess then you will be made to answer for it. And only the most powerful (the extinct sort) of people have the power to forgive and wait till afterlife for justice.

[The Green Knight]

Its funny I was thinking about this all the other day.

 

There is a certain part of Islam and Sharia titled Huqooq ul 'ibaad which covers the recommendations for each and every sort of interaction between humans. From distribution of property, to the rights of your neighbor, to murder. (And no its certainly not because I kill or have killed humans (albeit I might go on a killing spree some day)).

 

Now that said, 'Ibaad is the plural of Abd, the Arabic word which translates to slave / servant / man. "Abdullah" or "Abd Allah" means "Slave of Allah". Thing is that the very title speaks of slaves /servants/men(women) of God. What it does not speak of (but summarily covers in its contents any way) is the rights of rebels of God. So I have yet to view something like Huqooq ush Shiyateen, or Huqooq ul Munaafiqin or Huqooq ul Ghaasibin, or Huqooq ul Jinnaat or Huqooq ul Malaaikah and so on. And logic tells me its merely because a rebel of God, a servant of Shaitaan, or whatever, an evil and lawless criminal (criminal according to God) does not recognize YOU and ME or our rights in the first place! So no wonder there are no Huqooq ush Shiyateen. And since we are supposed to have no interaction / can have no interaction with otherworldly beings therefore there is no need to speak of their rights either.

 

 

P.S.: Please call up your marja / mulla and only give you brain a whirl at nothing but your own expense! You have been warned. I am ignorant.

[Ugly Jinn]

Not every penalty carried out by a court which calls themselves Islamic is actually a just penalty, according to the teaching of Prophet(p.b.u.h) and Imams(a.s). You would need to examine the Hukm (Islamic Jurisprudence) and circumstances of the offense. 

 

Shia jurisprudence is based on the Prophets and Imams (in Shia's view), and Shia marjas have executed for apostasy, political disagreement, insulting Islam, etc. Listing only 3 things is not enough.

 

It is also not good to generalize to all penalties carried out by Islamic courts and say they are unjust (Like what Christian Fundamentalists in the U.S. do) or like what you usually do, just say all penalties carried out by an Islamic Court in Iran are unjust. 

 

All penalties? I've stated regarding a specific issue you posted, never said 'all'. 

 

Why does a non-Muslim get executed and not a Muslim for the same crime? Explain the just logic?

Edited December 9, 2013 by Ugly Jinn

[Abu Hadi]

Read the Quran Ayat 22:39-40. It's is Allah(s.w.a) who made the rule, not me. 

 

أُذِنَ لِلَّذِينَ يُقَاتَلُونَ بِأَنَّهُمْ ظُلِمُوا وَإِنَّ اللَّهَ عَلَى نَصْرِهِمْ لَقَدِيرٌ

 

22:39 PERMISSION [to fight,kill] is given to those against whom war is being wrongfully waged  and, verily, God has indeed the power to succour them

 

الَّذِينَ أُخْرِجُوا مِن دِيَارِهِمْ بِغَيْرِ حَقٍّ إِلَّا أَن يَقُولُوا رَبُّنَا اللَّهُ وَلَوْلَا دَفْعُ اللَّهِ النَّاسَ بَعْضَهُم بِبَعْضٍ لَّهُدِّمَتْ صَوَامِعُ وَبِيَعٌ وَصَلَوَاتٌ وَمَسَاجِدُ يُذْكَرُ فِيهَا اسْمُ اللَّهِ كَثِيرًا وَلَيَنصُرَنَّ اللَّهُ مَن يَنصُرُهُ إِنَّ اللَّهَ لَقَوِيٌّ عَزِيزٌ

 

22:40  those who have been driven from their homes against all right for no other reason than their saying. “Our Sustainer is God!” For, if God had not enabled people to defend themselves against one another, all] monasteries and churches and synagogues and mosques - in [all of] which Gods name is abundantly extolled - would surely have been destroyed [by now].  And God will most certainly succour him who suc­cours His cause: for, verily, God is most powerful, almighty

[Koshaan]

I've probably asked this before, but I might get an answer here. If a wronged person gets retribution through an Islamic court, for instance, accepts qisaas from his, say, brother's murderer, will the murderer then get no punishment in the Hereafter?