Qur'an, Hadith and Scholars:Punishments: Difference between revisions

Qur'an, Hadith and Scholars:Punishments (view source)

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 '''Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood'''.}}
+{{Quote|1=[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 508, o1.1-2)|2=Who is Subject to Retaliation for Injurious Crimes
+o1.1 - Retaliation
+Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.) [back to top]
+o1.2 '''The following are not subject to retaliation''':
+-1- a child or insane person, under any circumstances
+-2- '''a Muslim for killing a non-Muslim''';
+-3- '''a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences)''';
+-4- '''A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring''';
+-5- '''nor is retaliation permissible to a descendant for (A: his ancestor's) killing someone whose death would otherwise entitle the descendant to retaliate, such as when his father kills his mother'''.}}
 {{Quote|{{cite web quotebox|url= http://www.islamqa.com/en/ref/14305/defamation%20of%20the%20prophet|title= It is essential to respond to those who defame the Prophet (peace and blessings of Allaah be upon him)|publisher= Islam Q&A|author= Shaykh ‘Abd al-Rahmaan al-Barraak|series= Fatwa No. 14305|date= |archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamqa.com%2Fen%2Fref%2F14305%2Fdefamation%2520of%2520the%2520prophet&date=2013-06-19|deadurl=no}}|Defaming the Prophet (peace and blessings of Allaah be upon him) is a kind of kufr. If that is done by a Muslim then it is apostasy on his part, and '''the authorities have to defend the cause of Allaah and His Messenger (peace and blessings of Allaah be upon him) by executing the one who defamed him'''. If the one who defamed him repents openly and is sincere, that will benefit him before Allaah, although his repentance does not waive the punishment for defaming the Prophet (peace and blessings of Allaah be upon him), which is execution. If the person who defames him is a non-Muslim living under a treaty with the Muslim state, then this is a violation of the treaty and he must be executed, but that should be left to the authorities. If a Muslim hears a Christian or anyone else defaming the Prophet (peace and blessings of Allaah be upon him) he has to denounce him in strong terms. It is permissible to insult that person because he is the one who started it. How can we not stand up the Prophet (peace and blessings of Allaah be upon him)? '''It is also obligatory to report him to the authorities who can carry out the punishment on him. If there is no one who can carry out the hadd punishment of Allaah and stand up for the Messenger (peace and blessings of Allaah be upon him) then the Muslim has to do whatever he can''', so long as that will not lead to further mischief and harm against other people.}}