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Islam: Penal Law: Murder and Suicide: part i

Islam: Penal Law: Murder and Suicide

Islam: Penal Law: Murder and Suicide

The main idea of penal law in Islam is to establish justice and to deter others.

Crimes such as murder, theft, adultery, piracy, slander, false accusation are punishable by the Ummah, wherever the case applies, and by God in this world as well as in the hereafter.

Belief and disbelief and conforming to the teachings of Islam as well as apostasy are free acts, their responsibility is entirely due to God and not to man.

The idea of punishment by the Islamic Umma is defined in the following terms in the Qur'an:

And there is life for you in retaliation, O men of understanding that you may practice piety.' 2: 179

There should be a party of Muslims witnessing punishment as a deterrent for the rest of the Umma:

And let a party of the believers witness their punishment.' 24: 2

Murder

Islam forbids murder. But if murder takes place then the heir of the victim is granted the right and responsibility to take the life of the responsible murderer or murderers.

The Islamic Umma administrative body represents the heir of the victim and is responsible to implement Islamic Sharia:

And do not slay the life that God has forbidden, save with right. Whoso is slain wrongfully, We have given power unto his heir, but let him not commit excess in slaying.' 17: 33

Murder is retaliated by sentence of death of the responsible person or persons:

O you who believe! Retaliation is prescribed for you in the matter of the murdered; the freeman for the freeman, and the slave for the slave, and the female for the female. 2: 178

Believers are warned in the Qur'an that murder is severely punished in Islam with eternal penalty:

Never should a believer murder another believer. If a man kills a believer intentionally, his recompense is hell, to abide therein for ever: and the wrath and curse of God are upon him, a dreadful penalty is prepared for him.' 4: 93

If a mistake is committed by killing a believer i.e manslaughter, then Islam prescribes the following procedures:

It is not for a believer to kill another believer unless by mistake. He who has killed a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain, unless they remit it as charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he comes of a people between whom and you there is a covenant, then the blood-money must be paid unto his people and (also) a believing slave must be set free. But whoso has not the wherewith must fast two consecutive months. A penance from God. And God is all-Knowing, all-Wise.' 4: 92

Islam abolished as well as all sorts of distinction, prejudice and racism. Men are equal and only their attitude toward God in terms of piety is the criterion of distinction.

This very distinction is however restricted only to God and not to man.

Suicide

Suicide ,or self-murder, and self-harm are not permitted in Islam with the penalty in the hereafter:


And be not cast by your own hands into destruction.' 2: 195

And do not kill yourselves. Verily God is merciful unto you. Whoso does so through aggression and injustice, We shall cast into fire, and that is ever easy for God.' 4: 29-30

Islam: Penal Law: Murder and Suicide: part i

By: mardini
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