Question 1:Johars accountability

Prepared by ; Izzati Nadiah and Nor Shuhada

Criminal accountability
Not your desires, nor those of the People of the Book (can prevail): whoever works evil, will be requited accordingly. Nor will he find, besides Allah, any protector or helper. (An-Nisaa 4:123)

Hadith: No father shall be responsible for crime committed by his son nor vise versa.

General Meaning
All man should bear the

Johars accountability
1.

consequences of his forbidden acts which he intentionally and fully aware of the results.
Commission of forbidden act

Johar had fired two gunshots towards Kadir and it resulted with the death of Kadir Johar has choice to use other methods of defending himself instead of firing gunshots towards Kadir.

3 elements to be fulfills:
(qudra)

2.

Freedom of choice(qasd)-

intention

3.

Capable to foresee the

consequences/ understood the result from his action.(ilm)

Johar is in the right mind to think that the gunshots can surely kills a person easily.

[Fighting in] the sacred month is for [aggression committed in] the sacred month, and for [all] violations is legal retribution. So whoever has assaulted you, then assault him in the same way that he has assaulted you. And fear Allah and know that Allah is with those who fear Him.

He defence himself from crime committing against his body/property/ others/others property/ against honour

Yes. Johar who sustained Injuries defence himself From the attacked

The transgression (wrongful act) is actually committed. ~if transgression is to be committed in the future= no self defence

Yes. Kadir pulled out Johar from Car and attacked him with a stick =johar sustained injuries

The force/violence used must be only to repel/ stop the aggression

argument

It must be impossible to rely at the critical time the Presume:Impossible Because the argument protection Between them happens from public authority While on the road

He defence himself from crime committing against his body/property/ others/others property/ against honour

Imam Malik: woman is not liable if she

killed a person who tries to rape her.

Hadith; narrrated by Zayd that prophet s.a.w said: he, who fights to protect his family or his property and is killed, he is a syahid.

Argument: Johar(car) & Kadir(motorcycle) Kadir pulled Johar out of car Kadir attacked Johar with a stick=Johar injured Johar fire 2 shots to Kadir= 2nd shot killed Kadir The force/violence used must be only to repel/ stop the aggression

Ie: man enters a house (intruder), Owner may orders him to leave. Refuses=owner has right to beat him with whatever makes it easiest for him to leave. If owner strikes an intruder with a blow that injure his right hand, and the man runs: owner liable if he hit him again and that hitting= caused another injuries (2nd injuries). Owner liable for qisas/diyat (2nd injuries)

Punishment
Punishment for murder:
Retaliation (Qisas):
For homicide and bodily harm an eye for an eye, and a tooth for a tooth Based on the Quranic verse:
Believers, in case of murder, the death penalty is the sanctioned retaliation: a

free man for a free man, a slave for a slave, and a female for a female. However, if the convicted person receives pardon from the aggrieved party, the prescribed rules of compensation must be followed accordingly. This is a merciful alteration from your Lord. Whoever transgresses against it will face a painful punishment. (Al Baqarah 2:178)

3 Types of murder
Intentional Murder (qatl amd) Erroneous Murder (qatl syibhu amd) Unintentional Murder ( qatl khata),

 Elements for Intentional

Johars accountability
he is a mukallaf Kadir is still alive and even

Murder:

The person must be mukallaf (

adult and sane)

The victim must be alive prior

commission of the murder , and his blood are considered as harm

though he had inflicted several injuries towards Johar, it is still harm for Johar to kill him. attack Kadir. A gun is dangerous enough to inflict severe injuries and even death.

Johar used gun to counter

The weapon used is the type of

weapon that can normally inflict severe injuries or death.

Johars conduct can be said to

It is intentional Victim died as a result of the

persons act.

be intentional because, he had fired two gunshots towards Kadir. The second shot shows his intention to kill Kadir. If he want to protect himself, he should fire just once.
gunshot fired by Johar.

Kadir died due to the second

 Since he fulfilled all the elements of intentional

murder (qatlamd), he can be held liable for Kadirs death.

The execution can be delegated to the heirs of the victim with

Qisas punishment can be imposed upon him

the supervision of the authority.

The heir can either execute the qisas or choose to accept diyat

(compensation) or to forgive the offender.

THE END
Thank u