Murder
The fifth Greater Sin is the murder of that person whose
execution has not been ordered by Allah (S.w.T.) and the Holy Prophet (S).
Traditions which confirm that murder is a Greater Sin have already been
mentioned at the beginning. Moreover the verses of the Holy Qur’an mention
clearly the Divine punishment for the murderers.
“And whoever kills a believer
intentionally, his punishment is Hell; he shall abide in it, and Allah will
send His wrath on him and curse him and prepare for him a painful chastisement.” (Surah
an-Nisā’ 4:93)
Five types of punishments have been ordained for those who kill
the believers. First, Hell; Second, Eternal abode in Hell; Third, involvement
in the Divine wrath; Fourth, being the accursed by Allah (S.w.T.); Fifth, the
Great Chastisement.
One of the beliefs of the Shia Ithna Ashari school of thought is
that eternal punishment is only for the Kuffar (Unbelievers). In other words,
if a person dies in belief, he will not remain under punishment forever, even
if he has killed a believer (or someone else whose killing has been prohibited
according to the Divine command), or even though he has committed other greater
sins. Hence the verse mentioned above has been explained in various ways. One
possible explanation is that: one becomes eligible for eternal punishment only
if he murders the believer because of his Imān (belief). If such is the case,
then, the killer is indeed liable for everlasting chastisement, for he
considered the murder of a Mu’min as Halāl, whereas it is Harām. To consider a
murder of a believer Harām is an article of faith. Consequently one who does
not have this belief is a Kafir.
The Holy Prophet (S) announced on the occasion of the Farewell
Pilgrimage (Hajjatul Wida’):
“O People! It is not permitted to kill the Muslims. Similarly to
appropriate their property is not allowed. So do not be unjust upon yourselves
and do not revert to disbelief after my death.”1
Another explanation of the afore-mentioned hadith is that “abide
in Hell” denotes being under punishment for a very long period. It does not
mean that the sinner will be involved in eternal chastisement.
“Whoever slays a soul, unless it be
for a manslaughter or for mischief in the land, it is as though he slew all
men; and whoever keeps it alive, it is as though he kept alive all men.”(Surah
al-Mā’ida 5:32)
All the believers are sons of Adam (a.s.) and brothers to one
another. One who kills another person perpetrates a great evil and instigates a
feeling of malice, revenge and hatred among people.
The Almighty Allah says:
“....and do not kill ourselves; surely
Allah is Merciful to you. And whoever does this aggressively and unjustly, We
will soon cast him into Fire; and this is easy for Allah.”(Surah an-Nisā’
4:29-30)
Allah (S.w.T.) prohibits the believers from suicide even in
times of turmoil.
“.....and whoever keeps it alive, it
is as though he kept alive all men.” (Surah al-Mā’ida 5:32)
If one saves the life of a “protected soul” whose killing has
been prohibited by religion, be it forgiving, or not avenging, or protecting
him, it is as if he has given life to the whole humanity. By saving one person
he has; in a sense; saved humanity.
Murder is the worst sin in the eyes of Allah (S.w.T.) and severe
punishment has been prescribed for a killer. The opposite of this, that is,
saving the life of a person is accordingly regarded as the greatest form of
worship.
The following tradition is indicative of the fact that murder is
a Greater Sin:
Regarding the killing of a believer, Imam Ja’far as-Sadiq (a.s.)
says:
At the time of his death the killer is told. ‘Die as you wish,
die as a Jew or a Christian or as a Magian.’2
Another tradition:
“A believer is free in the vast expanse of his belief till he
colours his hands with the blood of a Mu’min.”
Imam (a.s.) further says:
“One who kills a believer intentionally is deprived of the
‘Tawfīq’ of repenting (for his sins).”3
The third tradition, also from Imam Ja’far as-Sadiq (a.s.) says,
“The Holy Prophet (S) was told that a Muslim has been killed and
his corpse is lying on the street. When the Holy Prophet (S) and his companions
reached the site of the murder, he enquired as to who the killer was.”
The people said, “We do not know.” The Prophet was surprised,
“A person has been killed among the Muslims, and no one knows of
his killer?”
“By the Almighty who appointed me with Prophethood, If all the
creatures of the heavens and the earth participate in the murder of a Muslim
and be pleased upon that, then Allah would surely involve them in punishment
and send them all to Hell.”
The lesson derived from this hadith is that there is no
difference between the killer and those who support or co-operate with him.
Imam Muhammad al-Baqir (a.s.) has said,
“On the day of Qiyāma a person would be presented before Allah.
He will be having a streak of blood (like one gets a cut while shaving). He
will say,
‘By Allah, I have not killed anyone. Not have I co-operated with
anyone’s murder.’ Allah will say, ‘Yes, but one day you spoke about a believer
and your words caused him to be killed. Hence you are responsible for his
murder.’”
Hazrat Imam Riďa (a.s.) said,
“If someone is killed in the east and one who lives in the west
is pleased upon this, then he is a partner in this murder.”4
It is Harām to abort an unborn child. Like in the case of a
murder, diyah (prescribed fine) has to be paid here too. There is no
difference between a foetus and a full-grown man. Even if the killers are its
own parents. If a woman takes medicine that causes abortion, she would be
liable for the punishment of a murderer.
The penalty (diyah) for killing a ‘protected soul’ (Nafs
al-Muhtaram) is one thousand misqal of gold.
If the killers are the parents themselves they do not inherit
any part of diyah but the other relatives who are eligible for the
inheritance are qualified for it.
It is evident from the foregoing discussion that human life is
considered sacred by the Islamic Shari’a. Nothing has been given so much
importance like the one reserved for the ‘protected soul’ (Nafs al-Muhtaram).
So much so that the beginning point of the human life, that is, the fertilised
ovum is also not to be wasted. Once conception has taken place, no abortion is
allowed. The ‘diyah’ (penalty) for abortion is as follows:
If the fertilised ovum is aborted the ‘diyah’ is sixty misqal.
If bones have formed it is eighty misqal.
If an incomplete child is aborted whose features have become
distinct but the soul not entered the body, the penalty is one hundred misqal.
If soul had entered it and it was a male child, diyah is
one thousand misqal, and if female, it is five hundred misqal.
If a pregnant woman dies, it is necessary to remove the unborn
child by operation. Any carelessness in this regard is ‘Harām’.
If due to carelessness the child dies, diyah is Wajib
upon the one who was responsible for the lapse.
By way of repentance, a person who has committed a willful
murder should surrender himself to the heir of the murdered person. The
successors of the murdered person have a choice of either avenging the death or
accepting the ‘diyah’. That is, they can forgive him or kill him in
retribution.
If the murderer is forgiven, Three things become obligatory on
him:
1) Freeing a slave
2) Feeding sixty poor people
3) Keeping sixty fasts
If freeing a slave is not allowed by the law, the other two
penalties should be fulfilled.
Even in the case of an accidental murder the heirs of the victim
are to be paid the ‘diyah’. But they should forgive the killer.
Apart from this the Three penalties should be imposed, that is,
freeing a slave, feeding sixty people and fasting for sixty days.
Similarly cutting off a part of someone’s body is a Greater Sin.
Those who intend to study this subject in detail are requested to refer to the
books of Jurisprudence.
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