(1) Qatlu, l-Amd ()قتل العمد, or “willful murder,” is where the perpetrator willfully kills a
person with a weapon, or something that serves for a weapon, such as a club, a Sharp
stone, or fire. If a person commits willful murder, two points are established: first that the
murderer is a sinner deserving of hell, for it is written in Quran (surah IV.95),”
whosoever slayeth a believer purposely, and his reward is hell”; and, secondly, that he
is liable to retaliation, because it is written in the Quran (surah ii. 173),” It is incumbent
on you to execute retaliation (Qisas) for murder.” But although retaliation is the
punishment for willful murder, still the heir or next of kin can either forgive or compound
the offence; as the verse already quoted continues – “yet he who is pardoned at all by
his brother must be prosecuted in reason, and made to pay with kindness.” In this
respect Muhammad (P.B.U.H) departed from the Old Testament law, which made the
retaliation compulsory on the next of kin.
One effect of willful murder is that the murderer is excluded from being heir to the
murdered person.
According to Abu Hanifah, there is no expiation for willful murder, but ash-Shafi,I
maintains that expiation is incumbent as an act of piety.
(2) Qatl shibhu ‘l-‘Amd ()قتل شتبہ العمتد, or “manslaughter,” or, as Hamilton more
correctly renders it, “A semblance or willful murder, is when the perpetrator strike a man
with something which is neither a weapon nor serves as such.”
The argument adduced by Abu Hanifah is a saying of the prophet: “Killing with a rod or
stick is not a murder, but only manslaughter, and the fine for it is a hundred camels,
payable within three years.”
Manslaughter is held to be sinful and to require expiation, and it excludes the man-
slayer from inheriting the property of the slain.
(3) Qatlu ‘l- khata ()قتل الخطا, or “homicide by misadventure,” is of two kinds: error in
intention, and error in the act. Error in the act is where a person intends a particular act,
and another act is thereby occasioned; as where, for instance, a person shoots an
arrow at a mark and it hits a man. Error in intention, on the other hand, is where the
mistake occurs not in the act, but with respect to the subject; as where a person shoots
an arrow at a man supposing him to be game; or at a Muslim, supposing him to be a
hostile infidel. The slayer by misadventure is required to free a Muslim slave, or fast two
months successively, and to pay a fine within three years. He is also excluded from
inheriting the property of the slain.
(4) Qatl qaim maqama ‘l- khata ( )قتل قائم مقام الخطا, or “homicide of a similar nature to
homicide by misadventure,” is where, for example, a person walking in his sleep falls
upon another, so as to kill him by the fall. It is subject to the same rules with homicide
by misadventure.
(5) Qatl bi- Sabab ()قتل بسبب, or “homicide by intermediate cause,” is where, for
instance, a man digs a well, or sets up a stone, and another falls into the well, or over
the stone, and dies. In this case a fine must be paid, but it does not exclude from
inheritance, nor does it require expiation.
No special mention is made in either the Quran or in Muhammad (P.B.U.H) law books,
of taking the life by poison. (The same remark applies to the Mosaic Law. See Smith’s
Dictionary of the Bible, Article “Murder.”)
With regard to retaliation, a freeman is slain for a freeman, and a slave for a slave; a
freeman is also slain for the willful murder of a slave the property of another.
According to Abu Hanifah, a Muslim is put to death for killing an unbeliever, but
ashShafi’I maintains otherwise, because the prophet said ,” A Muslim shall not suffer
death for unbeliever .”
A man is slain for a woman; a father is not slain for his child, but a child is slain for the
murder of his father; a master is not slain for the murder of his own slave, or for the
slave of his child.
If a person immerse another into water whence it is impossible for him to escape by
swimming, according to Abu Hanifah, retaliation is not incurred, but ash-Shafi’i
maintains that the murderer should be drowned.
Al-Baizawi the commentator, in writing on surah ii. 174,” this is alleviation from your lord
and a mercy,” says that in the Jewish law retaliation for murder was compulsory, but in
the law of Christ the Christians were enjoined to forgive the murderer, whilst in the
Quran the choice is given of either retaliation or forgiveness.
By Huda, About.com
"...If anyone kills a person - unless it be for murder or for spreading mischief in the
land - it would be as if he killed all people. And if anyone saves a life, it would be as if
he saved the life of all people" (Qur'an 5:32).
Life is sacred, according to Islam and most other world faiths. But how can one hold life
sacred, yet still support capital punishment? The Qur'an answers, "...Take not life,
which God has made sacred, except by way of justice and law. Thus does He
command you, so that you may learn wisdom" (6:151).
The key point is that one may take life only "by way of justice and law." In Islam,
therefore, the death penalty can be applied by a court as punishment for the most
serious of crimes. Ultimately, one's eternal punishment is in God's hands, but there is a
place for punishment in this life as well. The spirit of the Islamic penal code is to save
lives, promote justice, and prevent corruption and tyranny.
• Intentional murder
• Fasad fil-ardh ("spreading mischief in the land")
Intentional Murder
The Qur'an legislates the death penalty for murder, although forgiveness and
compassion are strongly encouraged. The murder victim's family is given a choice to
either insist on the death penalty, or to pardon the perpetrator and accept monetary
compensation for their loss (2:178).
Fasaad fi al-ardh
The second crime for which capital punishment can be applied is a bit more open to
interpretation. "Spreading mischief in the land" can mean many different things, but is
generally interpreted to mean those crimes that affect the community as a whole, and
destabilize the society. Crimes that have fallen under this description have included:
• Treason / Apostacy (when one leaves the faith and joins the enemy in fighting
against the Muslim community)
• Terrorism
• Land, sea, or air piracy
• Rape
• Adultery
• Homosexual behavior
Actual methods of capital punishment vary from place to place. In some Muslim
countries, methods have included beheading, hanging, stoning, and firing squad.
Executions are held publicly, to serve as warnings to would-be criminals.
It is important to note that there is no place for vigilantism in Islam -- one must be
properly convicted in an Islamic court of law before the punishment can be meted out.
The severity of the punishment requires that very strict evidence standards must be met
before a conviction is found. The court also has flexibility to order less than the ultimate
punishment (for example, imposing fines or prison sentences), on a case-by-case basis.
(http://islam.about.com/cs/law/a/c_punishment.htm)
Suicide as seen in Islam
What is life?
The Islamic concept
The philosophy of joy and pain
The classical origin of suicide
The traditions of the Testaments
The Qur'anic decree
The modern implications
Why suicide?!?
The statistical domain
The deterrent factor
What is life?
Every breath of a human, every moment of his or hers life in all Religious
traditions, their teachings, their guidance, their viewpoints, their
perspectives is worth more than a priceless gem. These breaths the human
being takes in order to survive in life and the moments of life itself are like
the pearls of a necklace. Just as a pearl will embellish the appearance of that
neck that wears the necklace of pearls, in the same way the life of a
individual is enhanced by that person who looks after the moments of his
life. No Treasure trove of any Ruler, no Sultanate of any Sultan, no Kingdom
of any King, no Rulership of any Queen in tantamount is equal in value to
one moment of an individuals life. Life in-fact in numerous places of the
Quraan, either directly or indirectly, is described by Allah as a favour on
human beings.
In one verse of the Quraan, Allah says," How can you disbelieve? Seeing that
you were dead and He gave you life. Then He will give you death, then again
will bring you to life (on the Day of Resurrection) and then unto Him you will
return." (Surah Al-Baqarah Verse 28)
Out of all the bounties Allah has bestowed upon human beings, the most
precious is the gift of life. Each one us should remember that this life Allah
has granted us, it is not our personal possession or our personal property. In-
fact it is a trust from Allah, making us merely trustees. Because we are
trustees we should utilise each and every moment of our lives in the paths
that please Allah.
In one verse of the Quraan Allah informs mankind,
"And I (Allah) created not the jinn and mankind except that they should
worship Me (Alone)". (Surah Adh-Dhariyat Verse 56)
From this verse we can learn the reason why Allah created mankind.
How precious is this gift of life, we can learn through the Holy Quraan,
Ahadeeth (Traditions and Sayings of Prophet Muhammad (Peace be upon
him)) and the Shariah (Islamic Law).
For instance, in one verse of the Quraan, Allah says,
"He has forbidden you only the carrion (flesh of dead animals), and blood,
and flesh of swine, and that which is slaughtered as a sacrifice for others
than Allah (or has been slaughtered for idols, on which Allah’s Name has not
been mentioned whilst slaughtering). But if one is forced by necessity
without wilful disobedience nor transgressing due limits, then there is no sin
on him. Truly, Allah is Oft-Forgiving, Most Merciful."(Surah Al-Baqarah Verse
173)
In the closing stages of this verse Allah talks about one who is forced to
consume Haraam (unlawful) items due to the fear of death. Allah says, then
there is no sin in him. For example, one is in severe hunger, such hunger
that could lead to ones death, he consumes something that is Haraam
(unlawful) e.g. Carrion, on the Day of Judgement he will not be questioned
regarding these Haraam (Unlawful) items he consumed in order to save his
life. Similarly one is fasting in the Month of Ramadhaan and severe thirst
over-takes him, again it is permissible for him to break his fast in order to
saves ones life. Even if he broke the fast by consuming Haraam (Unlawful)
fluids e.g. Blood, Alcohol he will not be questioned regarding this. From this
verse we can undoubtedly acknowledge how precious and valuable life is in
the eyes of The Almighty Allah.
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As shown, neither the Judaic nor Christian parts of the Bible are there direct
injunctions against suicide. However, this is not the case in the traditions of
the true religion, Islam, which continues to be a major influence upon many
Islamic people.
There are a few quite specific sanctions expressed in the Quraan against
self-killing. The Prophet Muhammad (SAW) also assigns suicide to the lower
levels of Hell.
Allah says explicitly in the Quraan,
"And do not kill yourselves. Surely, Allah is Most Merciful to you". (Surah An-
Nisa Verse 29)
In another verse of the Quraan, Allah says:
"And do not throw yourselves in destruction". (Surah Al-Baqarah Verse 195)
The impact of this injunction still has considerable force in Islamic countries,
and it may be one reason why, with the exception of Jordan and Turkey,
there is no recorded suicide in national statistics of the Islamic Nations. But,
in the last decade or so there has been a substantial increase of suicide in
Muslims living in Non-Muslim countries, namely Britain and America.
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The current attitude and dilemmas, unlike in previous times, suicide can be
discussed relatively easily today, even within the mass media of the late
twentieth century. For example, in the worldwide magazine Time there have
been three major articles concerning suicide, which while acknowledging
dilemmas, were mainly concerned with where firm baselines should be
drawn, accepting without question the ‘obvious’ rationality of such actions in
many situations. Yet a little more than 100 years ago, Robert Louis
Stevenson, in what was considered to be a horrendous book, The Suicide
Club, found himself almost at the extreme end of the case of language,
because he could not describe in sufficiently villainous terms the leader of
this ‘devilish’ club. Constantly, modern poets and novelist have almost
celebrated suicide.
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The reasons that lead a person to commit suicide are as numerous and
complex as the thousands of people who do so every year. Below are a few
contributing causes of suicide:
Unipolar affective disorder (Depression)
The mental disorder usually called ‘depression’ is now described as ‘unipolar
affective disorder’. The term depression is of course problematic, in that a
low mood, or sometimes a feeling of emotional glumness, of living ‘out of
sorts’ or ‘fed up’, is a frequent experience for many people. In this sense it is
‘normal’ and many people can feel ‘depressed’ without having depression.
There is another side to this coin, where a person can feel particularly well,
‘on a high’ or with a feeling of well being. This can be the experience of a
large number of people without it being felt, thought or obseverd as a
problem or a disorder. A person simply feels in a ‘good mood’.
The causes of depression are many:
1. Mood: There is a profound disturbance of mood, which is one of the
prevailing sadness and misery.
2. Cognition (To think deeply): There is an important disturbance of
cognition, so that everything around them is interpreted dismally. Sufferers
can believe they are hateful, worthless and, at the extreme, that they are
already dead and responsible for the evils in the world.
3. Energy: There are very often tell-tale changes in mood and energy, in
which the mood is especially low in the early morning hours, with relative
lighting of misery in the afternoon.
4. Sleep: There is a disturbance of sleep, where it is quite usual for a person
to be able to sleep almost as soon as going to bed, but with early waking,
sometimes accompanied by quite enclosed changes of mood.
5. Appetite: There is a loss in appetite, and an apparently liked food turns to
such, that you cannot bear the sight of it.
6. Stress: Stress at work, home, school etc can cause severe depression
which can lead to suicide.
Relationship break-ups
This many times has the same effect as the death of a loved one. Sometimes
it may, make some feel life is not worth living.
Financial problems
One who is large debts, thinking he will never be able to pay-up and may
resort to suicide, thinking he will no more have this burdensome
responsibility on his head, leaving his next of kin this problem.
(Above are only a few reasons why one may resort into taking his own life.
Many others can be found through thorough research.)
Few events in life have the same impact on us as the suicide of a friend or a
loved one. The loss of a loved one, from any cause, brings out intense grief
and mourning. The response and emotions felt by the bereaved following
suicide are very different to those felt after other types of deaths. The fact
that a loved one's death appears to involve an element of choice, raise
painful questions which deaths from natural or accidental causes do not.
Bereavement by suicide is usually prolonged. The grief is characterised by
agonising, questioning and the search for some explanation as to why the
death of his loved one has happened. Bereavement in this way often
encompasses strong feelings of abandonment and rejection.
The sense of shock and disbelief following suicide is very intense. The most
common and disturbing aspect of grief after suicide is recurring images of
death, even if it was not witnessed. The finding of the body can be a
traumatic experience. Going over and over the very frightening and painful
images of the death, and the feelings these create, is a normal process of
grief.
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Statistics about suicide are difficult to collate, and many are inaccurate
because of the sensitivity of the issue. According to some research suicide
rates are 50%-60% higher than the official rate.
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There are three areas where the law is relevant to suicide. First, while
attempting to commit suicide has not been illegal in Britain since 1961, it is
still a criminal offence under the ‘Suicide Act 1961’ to help someone commit
suicide. Second, health professionals who do not take reasonable
precautions to safeguard a suicidal patient who then goes on to commit
suicide may be sued for negligence in the civil courts. Third, in some cases,
people felt to be at grave risk of harming themselves can be detained for
their own safety under the ‘Mental Health Act 1983’ (England and Wales),
1984 (Scotland), or ‘Mental Health Order 1986’ (Northern Ireland).
If one is thinking of committing suicide he should think about his friends and
family, then he should turn to Allah and ask for his help. Talking to the
Scholars and others would also help. Confidential information is also
available through your GP. Many centres also offer help for people in these
troubled times.
May Allah save us from this sin and give us all guidance to the straight path.
May Allah save us from all types of grief and give us all entrance into
Paradise.
(http://www.inter-islam.org/Prohibitions/suicide.html#There%20are%20three%20areas
%20where%20the%20law%20is%20relevant%20to)
Publisher:
Auburn House
Place of Publication:
New York
Publication Year:
1992
Chapter 2
Trends in
American Indian Homicide
Page no-11-