Transliteration:( Wa laa taqtulun nafsal latee harramal laahu illaa bilhaqq; wa man qutila mazlooman faqad ja'alnaa liwaliyyihee sultaanan falaa yusrif fil qatli innahoo kaana mansooraa )
76. It should be remembered that it is permissible to take the life of a combatant infidel, but it is forbidden to take the life of a believer, a non-Muslim under the Islamic state and a confederate. However, the taking of life of a believer is allowed under three conditions: A life for a life, or for adultery or for banditry. From "Allah has forbidden" is obtained the first benefit while from "without right" these benefits. Thus, this verse is a source for establishing many religious issues.
77. From this we learn that punishment with like retaliation is a human right, if the guardian so wishes he can forgive the killer. Also, that the guardian of the murdered person may neither do exactly the same with the murderer nor kill another innocent person. It is not obligatory that the method of killing should be the same. The guardian should have the killer killed with a sword, even if he had killed his victim in another way.Â
78. There are a few ways of exceeding the limits of killing: to kill a few in place of one, to kill after granting pardon, to kill by subjecting the victim to unnecessary harsh treatment, i.e. by cutting his hands and feet, after killing the person to cut off his limbs like the nose, the ears, etc i.e. to mutilate the body all these practices are forbidden. The infidels would practise this during the Days of Ignorance.
79. It is reported in Sawaiqe Muharriqah that Hazrat Abdullah ibn Abbas (May Allah be pleased with him) said to Hazrat Alli (May) Allah be pleased with him) that Hazrat Ameer Muawiya (May Allah be pleased with him) is quite right in his demand for avenging the death of Hazrat Uthman (May Allah be pleased with him), because he is his true guardian. If you show laxity in seeking retaliation or punishing his murderers Hazrat Muawiya will use this as an excuse to take control over the empire. He used this verse to substantiate his argument.
Â
33. And do not kill anyone whose killing Allah has forbidden, except for a just cause. And whoever is killed wrongfully (not by mistake), We have given his heir the authority. But let him not exceed limits in the matter of taking life. Verily, he is helped.
It was reported in the Two Sahihs that the Messenger of Allah said:
(The blood of a Muslim who bears witness to La ilaha illallah and that Muhammad is the Messenger of Allah, is not permissible (to be shed) except in three cases: a soul for a soul (i.e., in the case of murder), an adulterer who is married, and a person who leaves his religion and deserts the Jama’ah.) The following is recorded in the books of the Sunan:
(If the world were to be destroyed, it would be of less importance to Allah than the killing of a Muslim.)
(And whoever is killed wrongfully, We have given his heir the authority.) The authority is over the killer. The heir has the choice; if he wishes, he may have him killed in retaliation, or he may forgive him in return for the payment of the Diyah (blood money), or he may forgive him with no payment, as is reported in the Sunnah. The great scholar and Imam Ibn `Abbas understood from the general meaning of this Ayah that Mu`awiyah should take power, because he was the heir of `Uthman, who had been killed wrongfully, may Allah be pleased with him, and Mu`awiyah did event- ually take power, as Ibn `Abbas said on the basis of this Ayah. This is one of the stranger of matters.
(But let him not exceed limits in the matter of taking life.) They said: this means the heir should not go to extremes in killing the killer, such as mutilating the body or taking revenge on persons other than the killer.
(Verily, he is helped.) means, the heir is helped against the killer by the Shari`ah and by divine decree.
33. “And do not kill a person†includes not only the prohibition of the killing of other souls but also his own soul as well for it is also included in the prohibition that immediately follows this command. Thus suicide is regarded as heinous a sin as murder. Some foolish people object to the prohibition of suicide saying that they themselves are the masters of their souls. Therefore, there is nothing wrong in killing one’s own self or in destroying one’s own property. They forget that every soul belongs to Allah, and none has any right to destroy it, nay, even to abuse it. For this world is a place of trial, where we should undergo the test up to the end of our lives in accordance with the will of Allah. It does not matter whether our circumstances are favorable or adverse for trial. Therefore, it would be wrong to run away from the place of test, not to speak of committing such a heinous crime as suicide (which Allah has prohibited) to escape it. For it means that the one who commits suicide tries to run away from small troubles and ignominies towards greater affliction and eternal torment and ignominy. 34. When the Islamic state was established, “killing by right†was confined to five cases only, namely to punish, (1) A willful murderer for retribution. (2) Opponents of the true religion during war. (3) Those who attempt to overthrow the Islamic system of government. (4) A man or woman guilty of adultery. (5) An apostate.
35. We have translated the Arabic word sultan as “the authority of retributionâ€. Here it stands for “a ground for legal actionâ€. This also lays down the legal principle that in a case of murder, the real plaintiff is not the government but the guardian or the guardians of the murdered person who are authorized to pardon the murderer or receive blood money instead of taking his life.
36. Exceed limits in killing would be to kill more persons than the murderer or to kill the criminal by degrees with torment or to disfigure his dead body or to kill him after receiving blood money, etc. All these things have been forbidden.
37. It has not been defined how succor will be given because at the time of its revelation the Islamic state had not yet been established. After its establishment it was made clear that a guardian was not authorized to enforce retribution by murdering the criminal. The Islamic government alone is legally authorized to take retribution; therefore, succor for justice should be demanded only from it.
Related Ayat(Verses)/Topics