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Islamic ruling on Honor killing and jingle Justice

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Islamic ruling on Honor killing and jingle Justice
« on: July 10, 2017, 06:18:41 PM »
Honor Killing, Jungle Justice …NOT ISLAMIC!

Honor killing is the traditional practice in some countries of killing a family member who is believed to have brought shame on the family. Equally, jungle justice can be defined as the capital punishment meted out by individuals without any legal authority on a suspected individual. There are many cases or killing or and other capital punishments that are done on the basis of accusations and speculation, without proving whether the immoral action even took place. Some were killed for the reason that they confessed that: “I killed him/her”, whereas the truth is that they are possessed by Jinn(s). Some have killed their parents in this regards, Subhanallah!

Self-defense is allowed in Islam but it should not be misunderstood for jungle justice. Protecting oneself and one’s honor (like in the case of rape), mind, wealth and religion is a well-established basic principle in Islam. If a person or a vicious animal etc. attacks him, he has to defend himself, or his family or his property, and if he is killed he is counted as a martyr, and the killer will be in Hell - Narrated by Muslim (140). 

It was narrated that Sa’eed ibn Zayd sallallahu ‘alayhi wasalam said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “The one who is killed defending his wealth is a martyr, the one who is killed defending his family is a martyr, the one who is killed defending his religion is a martyr, and the one who is killed defending his life is a martyr.” Narrated by al-Tirmidhi (1421), al-Nasaa’i (4095), Abu Dawood (4772); classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (708) al-Nasaa’i (4081) and classed as saheeh by al-Albaani in Saheeh al-Nasaa’I,  Majmoo’ al-Fataawa (28/540, 541), al-Rawd al-Murabbi’ (p. 677), Al-Mulakhkhas al-Fiqhi (2/443), Majmoo’ Fataawa Ibn Ibraaheem (11/255, 256).

In Islam, to slap someone’s face and beaten one more that 10 lashes are not allowed except in the case of hadd (capital punishment) approved by the authority (al-Bukhari, al-Fatih, 5/215, Qadaaya al-Lahw wa’l-Tarfeeh p.373, al-Bukhari 6456 and Muslim 3222). Hence, what is harsher cannot be allowed. Ibn Muflih al-Hanbali (may Allaah have mercy on him) said in al-Furoo’ (6/53): It is haraam for anyone to carry out a hadd punishment except the ruler or his deputy. This is something on which the fuqaha’ of Islam are unanimously agreed, as was stated in al-Mawsoo’ah al-Fiqhiyyah (5/280): The fuqaha’ are unanimously agreed that the one who should carry out hadd punishments is the ruler or his deputy, whether the punishment is transgressing one of the limits of Allah, may He be exalted, such as zina, or a transgression against another person, such as slander.

The scholars of the Standing Committee said:  The one whose job it is to establish proof of witchcraft and carry out those punishments is the ruler who is in charge of the Muslims’ affairs, so as to ward off evil and to close the door to chaos. Fataawa al-Lajnah al-Daa’imah (1/552). Shaykh Sulaymaan al-‘Alwaan: Once it is proven that a person is guilty of practicing magic, then he must be killed. This was proven from a group of the Sahaabah, but it is not for individuals to carry out this hadd punishment without the command of the ruler or his deputy, because carrying out the hadd punishments without the authority of the ruler may lead to mischief, and destroy any sense of security in the society, and undermine the position of the ruler. And other related scholarly views reference includes: Tafseer al-Qurtubi, 2/245, 246, Bidaayat al-Mujtahid, 2/233, Nayl al-Awtaar, 7/295, 296, Majmoo’ al-Fataawa, 34/177-178.

My brethren! Refer cases to the relevant authorities, don’t participate in jungle justice act(s) and guide against it.

May Allah grant us understanding of His religion.

                                                                Abu-abdullahcares

 

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