Killing

4. Sura an-Nisa

The Quranic Text & Ali’s Version:

وَدُّواْ لَوْ تَكْفُرُونَ كَمَا كَفَرُواْ فَتَكُونُونَ سَوَاء...   

4: 89. They but wish that ye should reject faith, as they do, and thus be on the same footing (as they):

... فَلاَ تَتَّخِذُواْ مِنْهُمْ أَوْلِيَاء حَتَّىَ يُهَاجِرُواْ فِي سَبِيلِ اللّهِ...  

but take not friends from their ranks until they flee in the way of Allah (from what is forbidden).

C607. Flee: the verbal form which the noun Hijrah is derived. Bukhari interprets this rightly as fleeing from all that is forbidden. This would include Hijrah in the technical sense of leaving a place in which the practice of religion is not allowed.

But it is more general. In time of war, if a man is willing to submit to discipline and refrain from infringing orders issued, he has proved his fidelity and may be treated as a member of the community at war.

On the other hand if he by false pretences comes into the inner counsels merely to betray them, he may rightly be treated as a traitor or deserter and be punished for his treason or desertion; or

if he escapes, he can be treated as an enemy and is entitled to no mercy. He is worse than an enemy: he has claimed to be of you in order to spy on you, and been all the time helping the enemy.

... فَإِن تَوَلَّوْاْ فَخُذُوهُمْ وَاقْتُلُوهُمْ حَيْثُ وَجَدتَّمُوهُمْ...  

But if they turn renegades, seize them and slay them wherever ye find them?

... وَلاَ تَتَّخِذُواْ مِنْهُمْ وَلِيًّا وَلاَ نَصِيرًا ﴿٨٩﴾

and (in any case) take no friends or helpers from their ranks.

سَتَجِدُونَ آخَرِينَ يُرِيدُونَ أَن يَأْمَنُوكُمْ وَيَأْمَنُواْ قَوْمَهُمْ ...  

4: 91.  Others you will find that wish to gain your confidence as well as that of their people:

كُلَّ مَا رُدُّوَاْ إِلَى الْفِتْنِةِ أُرْكِسُواْ فِيِهَا...  

every time they are sent back to temptation, they succumb thereto:

C610. As opposed to the two classes of deserters to whom clemency may be shown, there is a class which is treacherous and dangerous and cannot be left alone.

They try to win your confidence, and are all the time in the confidence of the enemy. Every time they get a chance, they succumb to the temptation of double-dealing. The best way of dealing with them is to treat them as open enemies. Keep them not in your midst.

If they give you guarantees of peace and do not actually fight against you, well and good. If not, they are deserters actively fighting in the ranks of the enemy. They have openly given you proof, and you can fairly seize and slay them in war as deserters and enemies.

... فَإِن لَّمْ يَعْتَزِلُوكُمْ وَيُلْقُواْ إِلَيْكُمُ السَّلَمَ وَيَكُفُّوَاْ أَيْدِيَهُمْ فَخُذُوهُمْ وَاقْتُلُوهُمْ حَيْثُ ثِقِفْتُمُوهُمْ...  

if they withdraw not from you nor give you (guarantees) of peace besides restraining their hands, seize them and slay them. Wherever ye get them:

... وَأُوْلَـئِكُمْ جَعَلْنَا لَكُمْ عَلَيْهِمْ سُلْطَانًا مُّبِينًا ﴿٩١﴾

in their case We have provided you with a clear argument against them.

وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا...   

4: 92.  Never should a believer kill a believer; but (if it so happens) by mistake, (compensation is due):

C611. Life is absolutely sacred in the Islamic Brotherhood. But mistakes will sometimes happen, as did happen in the melee at Uhud, when some Muslims were killed (being mistaken for the enemy) by Muslims. There was no guilty intention: therefore there was no murder. But all the same, the family of the deceased was entitled to compensation unless they freely remitted it, and in addition it was provided that the unfortunate man who made the mistake should free a believing slave.

Thus a deplorable mistake was made the occasion for winning the liberty of a slave who was a Believer, for Islam discountenances slavery.

The compensation could only be paid if the deceased belonged to a Muslim society or to some people at peace with the Muslim society.

Obviously it could not be paid if, though the deceased was a Believer, his people were at war with the Muslim society: even if his people could be reached, it is not fair to increase the resources of the enemy.

-        If the deceased was himself an enemy at war, obviously the laws of war justify his being killed in warfare unless he surrendered.

-        If the man who took life unintentionally has no means from which to free a believing slave or to give compensation, he must still by an act of strict self-denial (fasting for two whole months running) show that he is cognizant of the grave nature of the deed he has done and sincerely repentant.

I take this to apply to all three cases mentioned: that is, where a Believer killed a Believer unintentionally and the deceased

1.      belonged to the same community as you, or

2.      belonged to a community at war with you, or

3.      belonged to a community in alliance with you.

... وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ...

if one (so) kills a believer, it is ordained that he should free a believing slave,

... وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ...  

and pay compensation to the deceased's family, unless they remit it freely.

... فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ...  

If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (is enough).

... وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً...  

If he belonged to a people with whom ye have a treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed.

... فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ...  

For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah:

... وَكَانَ اللّهُ عَلِيمًا حَكِيمًا ﴿٩٢﴾

for Allah hath all knowledge and all wisdom.

وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُهُ جَهَنَّمُ خَالِدًا فِيهَا...   

4: 93.  If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever):

C612. What is mentioned here is the punishment in the Hereafter.

The legal consequences, enforceable by human society, are mentioned in 2:178, under the rules of Qisas.

That is, a life should be taken for a life destroyed, but this should be on a scale of equality: a single murder should not commit a whole tribe to a perpetual blood- feud, as in the days of ignorance. But if the heirs of the man slain accept reasonable compensation, this should be accepted, and the taking of a life for a life should be put a stop to. This course leads to the saving of life, and is commanded to men of understanding.

... وَغَضِبَ اللّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا ﴿٩٣﴾

and the wrath and the curse of Allah are upon him,

and a dreadful penalty is prepared for him.

Others version:

4: 89 They (the hypocrite in Modina) would love to see deny the truth…. Do not, therefore, take them for your allies until they forsake the domain of evil……and if they revert to [open] enmity, seize them and slay them wherever you may find them. Asad see notes and context.

Re: Double agent, hypocrites, etc. in war or cold war (tension)

See Asad, Ali, & Pickthall all for different shade of meaning.

4: 91 Others you will find that wish to gain your confidence as well as that of their people: every time they are sent back to temptation , they succumb thereto: if they withdraw not from you nor give you of peace besides restraining their hands. Seize them and slay them wherever you get them: In their case We have provided you with a clear argument against them. Ali

4: 91 You will find others who desire that they should have security from you , and security from their own folks. So often as they are returned to hostility they are plunged therein…………..Against such We have given you clear warrant. Pickthall

4: 91 …….whenever they are faced anew with temptation to evil, plunge into it headlong

…………………..for it is against these that We have clearly empowered you [to make war] Asad.

4: 92 And it is not conceivable that a believer should slay another believer, unless it be by mistake,

And upon him who has slain a believer by mistake there is the duty to freeing a believing soul from bondage and paying an indemnity to the victim's relations, unless they forgo it by way of charity.

Now if the slain, while himself a believer, belonged to a people who re at war with you,

[ the penance shall be confirmed to ] the freeing of a believing soul from bondage;

whereas, if he belonged to a people to whom you are bound by a covenant, an indemnity to be paid to this relations in addition TO THE FREEING OF a believeing soul

from bondage.

And he who does not have the wherewithal shall fast [instead] for two consecutive months.

4: 93 But whoever deliberately slays another believer, his requital shall be hell, therein to abide; and God will condemn him, and will reject him, and will prepare for him awesome suffering.

=====================================

5. Surah Al-Ma'idah

The Quranic Text & Ali’s Version:

لَئِن بَسَطتَ إِلَيَّ يَدَكَ لِتَقْتُلَنِي مَا أَنَاْ بِبَاسِطٍ يَدِيَ إِلَيْكَ لَأَقْتُلَكَ...

28. "If thou dost stretch thy hand against me, to slay me, it is not for me to stretch my hand against thee to slay thee:

... إِنِّي أَخَافُ اللّهَ رَبَّ الْعَالَمِينَ ﴿٢٨﴾

for I do fear Allah, the Cherisher of the worlds.

إِنِّي أُرِيدُ أَن تَبُوءَ بِإِثْمِي وَإِثْمِكَ فَتَكُونَ مِنْ أَصْحَابِ النَّارِ...

29. "For me, I intend to let thee draw on thyself my sin as well as thine, for thou wilt be among the companions of the fire,

C732. My sin as well as thine: "My sin" has been interpreted as "the sin against me, in that thou slayest me": in that case thy "sin" may mean;

- either "thy crime in committing a murder." or

- "thy sin against thyself, for the crime causes real loss to thyself in the Hereafter."

See the last clause of the next verse.

... وَذَلِكَ جَزَاء الظَّالِمِينَ ﴿٢٩﴾

and that is the reward of those who do wrong."

C733. Abel's speech is full of meaning. He is innocent and God-fearing. To the threat of death held out by the other, he returns a calm reply, aimed at reforming the other.

"Surely," he pleads, "if your sacrifice was not accepted, there was something wrong in you, for Allah is just and accepts the sacrifice of the righteous.

If this does not deter you, I am not going to retaliate, though there is as much power in me against you as you have against me.

I fear my Maker, for I know He cherishes all His Creation. Let me warn you that you are doing wrong. I do not intend even to resist, but do you know what the consequences will be to you? You will be in torment."

مِنْ أَجْلِ ذَلِكَ كَتَبْنَا عَلَى بَنِي إِسْرَائِيلَ ...

32. On that account: We ordained for the Children of Israel

... أَنَّهُ مَن قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا...

that if anyone slew a person -- unless it be for murder or for spreading mischief in the land -- it would be as if he slew the whole people:

C737. The story of Cain is referred to in a few graphic details in order to tell the story of Israel.

Israel rebelled against Allah, slew and insulted righteous men who did them no harm but on the contrary came in all humility.

When Allah withdrew His favour from Israel because of its sins and bestowed it on brother nation, the jealousy of Israel plunged it deeper into sin.

To kill or seek to kill an individual because he represents an ideal is to kill all who uphold the ideal. On the other hand, to save an individual life in the same circumstances is to save a whole community.

What could be stronger condemnation of individual assassination and revenge?

... وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا...

and if anyone saved a life, it would be as if he saved the life of the whole people.

... وَلَقَدْ جَاء تْهُمْ رُسُلُنَا بِالبَيِّنَاتِ ...

Then although there came to them Our Messengers with clear Signs,

... ثُمَّ إِنَّ كَثِيرًا مِّنْهُم بَعْدَ ذَلِكَ فِي الأَرْضِ لَمُسْرِفُونَ ﴿٣٢﴾

yet, even after that, many of them continued to commit excesses in the land.

Asad’s Version:

5: 28 Even if you lay your hand on me to slay me, I shall not lay hand on you to slay you: behold, I fear God, the Sustainer of al the worlds. (story of Abel and Cain)

5: 29 I am willing, indeed, for you to bear all the sins ever done by me as well as of the sin done by you: then you would be destined for the fire, since that is the requital of evildoers!”

5:32 Because of this did We ordain unto the children of Israel that if anyone slays a human being unless it be [in punishment] for murder or for spreading corruption on earth – it shall be as though he had slain all mankind; whereas, if anyone saves a life, it shall be as though he had saved the lives of all mankind.

=====================================

17. [al-Israa, Mecca 50 ]

The Quranic Text & Ali’s Version:

وَلاَ تَقْتُلُواْ أَوْلادَكُمْ خَشْيَةَ إِمْلاقٍ...   

31.  Kill not your children for fear of want:

C2214. The Arabs were addicted to female infanticide. In a society perpetually at war a son was a source of strength whereas a daughter was a source of weakness. Even now infanticide is not unknown in other countries for economic reasons.

This crime against children's lives is here characterized as one of the greatest of sins.

...نَّحْنُ نَرْزُقُهُمْ وَإِيَّاكُم...

We shall provide sustenance for them as well as for you:

...إنَّ قَتْلَهُمْ كَانَ خِطْءًا كَبِيرًا ﴿٣١﴾

verily the killing of them is a great sin.

وَلاَ تَقْرَبُواْ الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَاء سَبِيلاً ﴿٣٢﴾

32.  Nor come nigh to adultery:

for it is a shameful (deed) and an evil, opening the road (to other evils).

C2215. Adultery is not only shameful in itself and inconsistent with any self-respect or respect for others, but it opens the road to many evils.

-         It destroys the basis of the family:

-         it works against the interests of children born or to be born;

-         it may cause murders and feuds and loss of reputation and property, and also loosen permanently the bonds of society.

Not only should it be avoided as a sin, but any approach or temptation to it should be avoided.

وَلاَ تَقْتُلُواْ النَّفْسَ الَّتِي حَرَّمَ اللّهُ إِلاَّ بِالحَقِّ...   

33.  Nor take life -- which Allah has made sacred -- except for just cause.

...وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا ...

And if anyone is slain wrongfully, We have given his heir authority (to demand Qisas or to forgive):

C2216. On the subject of Qisas see 2:178 and the notes thereto.

Under the strict limitations there laid down, a life may be taken for a life. The heir is given the right to demand the life; but he must not exceed due bounds, because he is helped by the Law.

Some Commentators understand "he" in "he is helped (by the Law)" to refer to the heir of the person against whom Qisas is sought. He too will be helped by the Law, if the heir of the first slain exceeds the 'bounds of Law.

... فَلاَ يُسْرِف فِّي الْقَتْلِ...

but let him not exceed bounds in the matter of taking life:

...إِنَّهُ كَانَ مَنْصُورًا ﴿٣٣﴾

for he is helped (by the Law).

Pickthall’s Version:

17: 31

Pickthall Slay not your children, fearing a fall to poverty, We shall provide for them and for you. Lo! the slaying of them is great sin.

Transliteration Wa la_ taqtulu_ aula_dakum khasy-yata imla_q(in), nahnu narzuquhum wa iyya_kum, inna qatlahum ka_na khit'an kabira_(n).

17: 32

Pickthall And come not near unto adultery. Lo! it is an abomination and an evil way.

Transliteration Wa la_ taqrabuz zina_ innahu_ ka_na fa_hisyah(tan), wa sa_'a sabila_(n).

17: 33

Pickthall And slay not the life which Allah hath forbidden save with right. Whoso is slain wrongfully, We have given power unto his heir, but let him not commit excess in slaying. Lo! he will be helped.

Transliteration Wa la_ taqtulun nafsal lati harramalla_hu illa_ bil haqq(i), wa man qutila mazlu_man faqad ja'alna_ li waliyyihi sulta_nan fala_ yusrif fil qatl(i), innahu_ ka_na mansu_ra_(n).