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Sequel to the article titled ‘The Worth of Human Soul in Islam: Perspective on ENDSARS Protests’ published last week, here is a follow up. Many questions were raised but not answered. Having emphasized the value of soul, the reality is that people kill. To facilitate our understanding of killing, let’s categorize it into three (though there are more than that): accidental, deliberate, and authorized.
Accidental or negligent killing is called manslaughter in law. It is when the act of killing (which is illegal) is perfectly completed but not intended. Under the Shari‘a law, such killer cannot be killed. But he cannot kill and go—scot free—because the Shari’a frowns at it. He has to do two things: his ‘aaqilah’ (male relatives on his father’s side) pay Diya and he will either free a believing slave or fast for two consecutive months as a token of remorsefulness to Allah (Q4: 92). This is also termed ‘kaffaarah’ (expiation). Diya is generally called blood money but I prefer to call it victim’s compensation. Reason? Blood money sounds like ritual money which is haram.
The beneficiaries of this compensation are the victim’s heirs. What is given as compensation according to Shari’a is hundred camels. In monetary term, it is hundred thousand riyal. In the Nigeria’s currency, it amounts to N10, 269,190 (ten million plus). The heirs may however generously forgo the compensation and pardon the man slaughterer(s) since the killing is not intended. The Qur’an encourages forgiveness without taking compensation and legalizes taking compensation. However, this is not ironclad, circumstance may make the latter more preferable.
A good example is Hudhaifa ibn Yaman (RA)—a companion of the Prophet (SAW) whose father was killed in error on the battle field by the swords of his brothers in faith (the Muslims). The companions were filled with remorse, pain, and grief. Hudhayfa stunningly said: (to the amazement of the companions and the Prophet) “may Allah forgive you for He is the most Merciful of those who show mercy”. Not only that; when he was offered Diya (compensation), Hudhaifa generously said: “He was simply seeking Shahadah (martyrdom) and he attained it. Oh Lord, bear witness that I donate the compensation for him to the Muslims”. For this unmatched nice gesture, the Prophet drew him closer such that he was later known as ‘the keeper of the secret of the messenger of Allah’. You may wish to know more about this noble companion; read about him.
In a nutshell, being magnanimous with regards to forgiveness and acceptance of Diya in a case of unintended killing is better; and accepting Diya is at the same time not blameworthy, but rather apt. If compensation is waved for the manslaughterer, freeing a believing slave or two months consecutive fasting remains. You cannot illegally kill and go scot free in Islam—whatever the case. Soul is all important. Don’t toy with it. What if the killer is not caught and not known, who pays the Diya? In summary, the government pays it. But there is lengthy discussion on this.
Let’s now turn to the second category: premeditated killing. If the case of accidental killing is as highlighted above, what would be the fate of premeditated or trigger-happy killers? You need not be told how terrible their fate is. Terrible is also the conditions of all manslayers; may be for ritual purpose; for pecuniary gains or to gain political power; out of jealousy or out of hatred. This is condemned in the strongest possible terms in the Qur’an. It says: “But whoever kills a believer intentionally – his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment” (4:93).
This verse lists five terrible repercussions awaiting any killer of a believer. Count them. They are five! It is perhaps the only single verse in the Qur’an that lists five terrifying repercussions for a sinner for committing a sin; and the sin is premeditated killing. In this second category, the killer must be killed according to law of ‘Qisaas’ (retaliation) except if the deceased’s heirs opt for compensation which is to be paid by him (the killer not his ‘aaqilah). Allah says: “O you who have believed, prescribed for you is legal retribution for those murdered–the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother [i.e., the killer] anything, then there should be a suitable follow-up and payment to him [i.e., the deceased’s heir or legal representative] with good conduct…” (Q2:178).
Does a deliberate killer also fast for two consecutive months? No! This is the position of the majority of the scholars. They argue that the Quran is silent about it. As you can see, the silence is conspicuous in Qur’an 4 verse 92. The sin for deliberate killing should not be mistaken to be lesser in gravity. In Allah’s tradition, when there is a kaffaarah (an atonement) for a heinous sin it means the sin is forgivable. On the contrary, heinous sins that cannot be atoned for are, ipso facto, not forgivable. Premeditated killing falls under this category. It is incumbent upon Allah (an obligation He imposes upon Himself) not to ever forgive a deliberate killer of a believer. And this is the famous position of Ibn Abbas.
But Allah is known to be Merciful, in fact the most Merciful. He is an embodiment of mercy. There are grievous crimes/sins which His Majesty frowns at; yet no sin can submerge the mercy of Allah. The correct position is: a deliberate killer can be forgiven but not just by seeking forgiveness. He could be forgiven only through repentance (a sincere repentance) which fulfils the following conditions. One, he must regret his previous actions (sins). Two he must be determined not to go back to it. Three, he must restore the rights of those he sinned against (if feasible). Four, he must passionately hate those sins and dislike seeing them being committed; by warning the people against them. And finally, he would continue to seek Allah’s forgiveness (unceasingly).
Are you still in doubt that your greater-than-a-mountain-sin could be forgiven? This is what the Forgiver says: “Say, O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is He who is the Forgiving, the Merciful.” (Q39:53; see also Qur’an 25:68-71).
In conclusion, it is said previously that soul is pricey and priceless. So, what is the rationale for Qisaas (retaliation) and compensation? Actually soul is too pricey to be commensurately compensated for and retaliation does not restore the lost soul but there is saving of life in them (See Qur’an 2:179). It deters the one who wants to kill from killing because he knows he will be killed if he kills. Thus, he, and the one he intends to kill will remain alive. Blood shed that may ensue between the two families will be arrested. Alhamdulillah.
The third category is the authorized killing; sanctioned by the government. In Islam, when killing becomes justifiable, it can only be executed by the government or its appointees. Jungle justice—a situation where people take law into their hands—does not exist in Islam. This leads to chaos, except in the case of self defense.
All that has been said on the topical issue of killing and Diya from Islamic angle is just a ‘summarized summary of the summary’. It is the tip of the iceberg. Our scholars have written extensively and voluminously for willing students. We beseech Allah to show them mercy and make us willing to learn about Islam.
Abdulkadir Salaudeen
salahuddeenabdulkadir@gmail.com
@salahuddeenAbd.
