Whoever Killed a Muslim Intentionally

Whoever Killed a Muslim Intentionally


Question :

Allah, Most High says:
"And whoever kills a believer intentionally, his recompense is Hell."

Allah has mentioned one who intentionally kills a believer and He has not mentioned one who intentionally kills a Muslim. So if a person kills a Muslim, is his recompense the Hell-fire or not?


Answer:

Yes, whoever kills a Muslim, his recompense is the Hell-fire. Because if what is inside the murdered person is consistent with his outward manner and appearance, he is also a believer. So the one who kills him is deserving of the threat of punishment in the Hereafter, according to the wording of the Verse. And if what is inside him contradicts his outward manner and appearance, we are obliged to treat him according to what is necessitated by his outward behavior. It is not for us to delve into what is inside him.

Based upon this, his blood is sacred and it is not permissible to violate it. And, according to what was confirmed on the authority of Abu Hurairah, may Allah be pleased with him, the Prophet ﷺ said:
"I was ordered to fight the people until they testify that none is worthy of worship except Allah and that I am the Messenger of Allah, so if they say it, their blood and their property are inviolable to me, except when justified by law, and their reckoning rests with Allah.

Narrated by Al-Bukhari and Muslim and the compilers of the Sunan.

It was confirmed on the authority of Usamah bin Zaid, may Allah be pleased with him, that he said: "The Messenger of Allah sent us on a raiding party to Al-Hurqah. We encountered the people in the morning and we attacked them. I and a man from the Ansar caught a man, and when we overcame him, he said: 'None has the right to be worshipped except Allah!'-and the Ansari man desisted, but I pierced him with my spear until I had killed him." Then when we returned, the Prophet ﷺ was informed of it and he said:
"O Usamah! Did you kill him after he had said: "La Ilaha " Illallah?"

Usamah, may Allah be pleased with him, said: "He was seeking refuge with Allah and he kept repeating it until I wished that I had not embraced Islam before that day." (Agreed upon)

So the Prophet paid no regard to what Usamah, may Allah be pleased with him, thought about the man he had killed. That is, him thinking that the man's faith was not sincere. The Prophet. censured him to such a degree that it affected Usamah, may Allah be pleased with him, so much so that he said: "I wished that I had not embraced Islam before that day."

This proves that the rulings in the life of this world should be in accordance with appearances, and that whoever intentionally killed a Muslim is a sinner, guilty of a major sin, deserving the punishment of the Hell-fire. This is so, unless his killing is confirmed as being permissible due to one of the three causes which the Prophet mentioned in his saying:

"It is not permissible to kill a Muslim except for one of three reasons: A life for a life, the non-virgin woman who commits an act of illegal sexual intercourse, and the one who abandons his religion (i.e. Islam) and forsakes the Jama'ah."


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Pages 162-163-164

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