Crimes (Qisas or Retaliation)

“The blood of a Muslim who testifies that none has the right to be worshipped but Allah and that I am His Messenger, cannot be shed lawfully, except in three cases: a married person who committed adultery, in Qisas (retaliation) for murder (life for life) and the apostate from Islam who abandons the Muslim Jamaah (community).” Agreed upon.

“The blood of a Muslim is not to be shed except for three reasons: a married man who committed adultery, a man who kills another Muslim intentionally for which he must be killed (in Qisas or retaliation), and a man who abandons Islam and fights against Allah and His Messenger, in which case he should be either killed, crucified, or exiled.” Related by Abu Dawud and An-Nasai. Al-Hakim graded it as Sahih.

“The first issues to be judged among people on the Day of Resurrection, are those of unlawful blood-shed.” Agreed upon.

“Whoever kills his slave we shall kill him, and whoever cuts the nose of his slave we shall cut off his nose.” Related by Ahmad and the four lmams. At-Tirmidhi graded it as Hasan. Abu Dawud and An-Nasai added the following, “and whoever castrates his slave we shall castrate him.” Al-Hakim graded this addition as Sahih.

Umar ibn al-Khattab (RAA) narrated, ‘I heard the Messenger of Allah (sallallahu alayhi wa sallam) say, ‘A father is not to be killed for his offspring.’ Related by Ahmad, At-Tirmidhi and Ibn Majah. Ibn al-Garud and al-Baihaqi graded it as Sahih.’

‘Do you have any other Divine Revelation besides what is in the Qur’an? Ali said, ‘No. By Him Who made the grain split (germinate) and created the soul, we have nothing besides the Qur’an except the gift of understanding the Qur’an, which Allah gives a man, besides what is written in this manuscript.

I said, ‘What is in this manuscript?’ Ali said, ‘The regulations of Diyah (Blood money), the ransom for captives and the ruling that no Muslim should be killed in Qisas for killing a disbeliever.’ Related by Al-Bukhari.’’

The previous tradition was also transmitted by Ahmad, An-Nasai and Abu Dawud on the authority of Ali with a different chain of narrators where he said, ‘The blood of one Muslim (his life) is equivalent to the blood of another Muslim (i.e. equal in Qisas and blood money), the protection of Allah is one (and is equally) extended to the most humble of the believers (i.e. if a Muslim gives protection to a man or to a group of men, they should all help him even is he was the most humble of them).

Believers are all like one hand against their enemies. No believer is to be killed for a disbeliever (i.e. in Qisas), nor should one who has a covenant with the Muslims be killed while his covenant holds.’ Al-Hakim graded it as Sahih.

A girl was found with her head crushed between two stones. They asked her, ‘Who did that to you? Is it so and so, or so and so? They mentioned some names to her until they mentioned the name of a Jew, whereupon she nodded her head. The Jew was captured and he confessed. The Messenger of Allah (sallallahu alayhi wa sallam) ordered that his head be crushed between two stones.’ Agreed upon and the wording is from Muslim.

Imran ibn al-Husain (RAA) narrated that A slave of some poor people cut off the ear of another slave belonging to some rich people. They came to the Messenger of Allah (sallallahu alayhi wa sallam) but he appointed no compensation for them. Related by Ahmad and the three Imams with a sound chain of narrators.

Abu Hurayrah (RAA) narrated “Two woman of the tribe of Hudhail fought with each other and one of them threw a stone at the other. In this way she killed the woman and what was in her womb (as she was pregnant). Their dispute was presented to the Prophet (sallallahu alayhi wa sallam) who ordained that the Diyah (blood money) of the unborn child, is a male or a female slave of the best quality.

He also decided that the Diyah of the woman is to be paid by her relatives (the one who killed) on her father’s side. The Messenger of Allah (sallallahu alayhi wa sallam) also ordained that her inheritance (of the woman who killed as she died later) be for her sons and husband (and not for her relatives who had to pay the Diyah).

Hamal ibn an-Nabighah Al-Hudhaili then said, ‘O Messenger of Allah! Why should I pay the Diyah for one who neither drank nor ate nor spoke, nor cried (i.e. the dead fetus), such a creature is not entitled to blood money.’ The Messenger of Allah (sallallahu alayhi wa sallam) then said, ‘This man is one of the brothers of the soothsayers,’ on account of the rhymed speech which he used, concerning the dead fetus.”

Umar (RAA) asked about the judgment of the Prophet (sallallahu alayhi wa sallam) concerning the Diyah of the dead fetus. Hamal ibn an-Nabighah Al-Hudhaili then got up and said, “I was between the two women. One of them struck the other with a stone, killing her and what was in her womb. So the Messenger of Allah (sallallahu alayhi wa sallam) ordained…” (as above). Ibn Hibban and al-Hakim graded it as Sahih.

Ar-Rubai bint an-Nadr (his aunt) broke the incisor teeth of a girl. The family of Ar·Rubai asked the family of the girl to pardon her, but they refused. They then offered them Arsh, (as compensation) but they also refused. They came to the Messenger of Allah (sallallahu alayhi wa sallam) asking for Qisas, and he gave orders that they should take their Qisas from Ar-Rubai.

Anas ibn an-Nadr then came to the Messenger of Allah (sallallahu alayhi wa sallam) and said, ‘O Messenger ofAllah! Will the incisor tooth of Ar-Rubai’ be broken? No, by Him Who sent you with the truth, her incisor tooth will not be broken. The Messenger of Allah (sallallahu alayhi wa sallam) then said to him, “Anas! Allah’s decree is equal retaliation.”

But the family of the girl agreed to pardon Ar-Rubai. The Messenger of Allah (sallallahu alayhi wa sallam) then said, “Among Allah’s servants are those who if they swear by Allah (for something), Allah will consent to their oath.” Agreed upon, and the wording is from Al·Bukhari.

“If anyone is killed and his killer is not known, or was killed with a stone, a whip or with a stick (i.e. killed by mistake but with a deliberate injury) his Diyah will be that of killing by mistake (manslaughter). As for whoever killed deliberately, retaliation is due (from the one who killed him). Anyone who tries to prevent taking Qisas (from the killer) may Allah curse him.” Related by Abu Dawud, An-Nasai and Ibn Majah with a strong chain of narrators.

“If a man holds another man so that a third man can kill the seized one, then the one who killed is to be killed (in Qisas) and the one who seized the killed one is to be imprisoned.” Related by Ad-Daraqutni. Ibn al-Qattan graded it as Sahih and its narrators are trustworthy.

Abdur Rahman ibn al-Bailamani narrated that The Messenger of Allah (sallallahu alayhi wa sallam) killed a Muslim who killed a Muahid who had made a covenant with the Muslims, and said, “I am closest to the ones who keep their covenants of protection.” Related by Abdur Razzaq.

‘A young boy was murdered deceitfully. Umar (RAA) thereupon said, ‘If all the people of Sana’ (in Yemen) participated in killing him, I would kill them all.’ Related by al-Bukhari.

“If the relative of one of you is killed after my speech, his family has one of two choices: ‘Either they take his Diyah or kill the killer.’ Related by Abu Dawud and An-Nasai.”

A similar narration is transmitted by Al-Bukhari and Muslim on the authority of Abu Hurayrah.

the nose, the eyes, the tongue, the lips, the penis, the testicles and the backbone. For the cutting off of one leg; half a Diyah is paid (i.e. 50 camels). For a head injury a third of the Diyah is paid, for a stab which penetrates the body, one third of the Diyah, for a blow which breaks a bones or dislocates it, 15 camels. For each finger or toe, 10 camels are paid.

For each tooth five camels are paid. For a wound which exposes a bone five camels are paid. A man is killed in Qisas for killing a woman. For those who possess gold, they should pay the equivalent of the 100 camels which is fixed as one thousand Dinars. Related by Abu Dawud in his book “al-Marasil”, an-Nasai, Ibn Khuzaimah, Ibn al-Garud, Ibn Hibban and Ahmad, but they disagreed regarding its authenticity.

“The Diyah for accidental killing is paid in five types of camel indemnity: 20 she-camels ‘hiqqah’ (in their fourth year), 20 she-camels ‘Jazah’ (in their fifth year), 20 she-camels ‘bint makhad’ (in their second year), 20 she-camels ‘bint labun’ (in their third year) and 20 he-camels ‘ibn labun’ (in their third year).”Related by Ad-Daraqutni with a strong chain of narrators.

The four Imams reported it with this version, “twenty ‘ibn makhad’ (twenty male camels which had entered their second year),” instead of “ibn labun.”

“The Diyah (of intentional homicide) is paid in three different types of camels: 30 she-camels ‘hiqqah’ (in their fourth year), 30 she-camels ‘Jazah’ (in their fifth year), and 40 pregnant she-camels.”

“Three types of people are most hated by Allah, the Almighty: whoever kills another in the Sacred area of Haram (Sanctuary), whoever kills anyone other than the one who killed him or whoever kills anyone in revenge as in times of Jahiliyah (pre-Islamic times).” Related by Ibn Hibban.

And it’s basic meaning is in Al-Bukhari from the narration of Ibn Abbas

“The Diyah for accidental and quasi-deliberate homicide -such as that inflicted with a whip or a stick- is a hundred camels, forty of which are pregnant she-camels.” Related by Abu-Dawud, An-Nasai and Ibn Majah. Ibn Hibban graded it as Sahih.

‘This and that are equal -meaning the little finger and the thumb.’ Related by Al-Bukhari Abu Dawud and At-Tirmidhi transmitted, “The Diyah for the fingers and toes is the same, and that for the teeth is the same; the incisor and the molar tooth are the same.” Ibn Hibban narrated, “The Diyah for the fingers and toes is the same; 10 camels for each.”

“Anyone who practices medicine but is not known as a practitioner, and kills a human being or inflicts harm on him, will be held responsible.” Related by Ad-Daraqutni. Al-Hakim graded it as Sahih. Abu Dawud, an-Nasai and others also narrated it, but its Mursal form is stronger than the connected one.

“For a wound which exposes a bone five camels are paid (in compensation).” Related by Ahmad and the four Imams. Ahmad added the following statement, “And the fingers and toes are all equal- in Diyah· ten camels.” Ibn Khuzaimah and Ibn al-Garud graded it as Sahih.

“The Diyah of the quasi-deliberate homicide is as severe as deliberate murder (in its being given in three types of camels), and the offender is not to be killed. This happens when the devil excites enmity between people causing them to shed blood but not due to hatred or carrying weapons in fighting.” Related by Ad-Daraqutni and graded it as weak Hadith.

‘A man killed another man during the lifetime of the Prophet (sallallahu alayhi wa sallam), so the Prophet (sallallahu alayhi wa sallam) decided that his Diyah would be 12 thousand (Dirhams).’ Related by the four Imams.

“He will not carry your burdens (sins) and you will not carry his burdens.” Related by An-Nasai and Abu Dawud. Ibn Khuzaimah and Ibn al-Garud graded it as Sahih.

A man from the Ansar narrated that The Messenger of Allah (sallallahu alayhi wa sallam) consented to the Qasamah (taking an oath that they did not kill the victim), which was practiced during the time of Jahiliyah (pre-Islam) and the Messenger of Allah (sallallahu alayhi wa sallam) made a judgment between some men from the Ansar concerning a man who was killed and they claimed that the Jews had killed him. Related by Muslim.

“Whoever carries arms against us, is not one of us.” Agreed upon.

“He who rebels against obedience to the ruler, abandons the Muslim community and then dies, his death will be as if he died at the time of Jahiliyah.” Related by Muslim.

“The transgressing party will kill Ammar (Ammar ibn Yasir).” Related by Muslim.

The Messenger of Allah (sallallahu alayhi wa sallam) said “Do you realize Ibn Umm Abd what the ruling of Allah is concerning those who rebel against the ruler in this Ummah?”

I said, ‘Allah and His Messenger know best. ‘He said, ‘A wounded man among them is not to be given the last stroke (that kills him), their captive is not killed, the one who runs away is not followed and their booties are not divided (among other Muslims).’ Related by Al-Bazzar and al-Hakim. The latter graded it as Sahih but he was mistaken as Kawthar ibn Hakim (one of the narrators) is a rejected narrator.’’

And it is authentic from similar chains as Mawquf (saying of a Companion) related by Ibn Abi Shaybah and Al-Hakim.

‘I heard the Messenger of Allah (sallallahu alayhi wa sallam) say, ‘He who comes to you when you are united and wants to disunite your community, kill him.’ Related by Muslim.’

“He who is killed while defending his property is considered a martyr.” Related by Abu Dawud An-Nasai and At-Tirmidhi who graded it as Sahih.

Imran ibn Husayn (RAA) narrated, ‘Yala ibn Umaiyah fought with another man. One of them bit the other man’s finger and the latter (whose finger was bit) pulled his hand out of the first man’s mouth (who was biting) by force, causing his incisors teeth to be pulled out. They presented their dispute to the Prophet (sallallahu alayhi wa sallam) who said, ‘One of you bit his brother as a male camel bites?

Go and there is not Diyah for him (as a punishment for their foolishness).’Agreed upon and the wording is from Muslim.’

“If anyone spies on you (tries to look at you) without your permission, and you thereupon throw a stone at him and because of it he lost his eye, you are not to be bIamed.” Agreed upon. In another version by Ahmad and an-Nasai and graded as Sahih by Ibn Hibban, “He has no right for Diyah or Qisas.”

‘The Messenger of Allah (sallallahu alayhi wa sallam) ordained that the guarding of a garden is the responsibility of its owners during the day and the guarding of animals is the responsibility of their owners at night. However, the owners of the animals are responsible for any damage caused by their animals during the night (i.e. pay compensation for what they damaged of other’s property).’ Related by Ahmad and the four Imams except At-Tirmidhi. Ibn Hibban graded it as Sahih.

Muadh ibn Jabal (RAA) narrated – concerning a man who embraced Islam and then turned to Judaism (i.e. apostated), ‘I shall not sit down until he is killed. That is the Command of Allah and His Messenger, and he gave an order that he must be killed and so he was.’ Agreed upon. In a version by Abu Dawud, ‘He was given a chance to repent and return to Islam but he refused.’

The Messenger of Allah (sallallahu alayhi wa sallam) said, “He who changes his religion (i.e. apostates) kill him.” Related by Al-Bukhari.

‘A blind man had a pregnant slave, who used to abuse the Messenger of Allah (sallallahu alayhi wa sallam) and defame him. The blind man forbade her but she did not stop. One night she began to slander the Prophet (sallallahu alayhi wa sallam) so he took an axe, placed it on her belly, pressed it and killed her. The Messenger of Allah (sallallahu alayhi wa sallam) was told about it, and thereupon he said, ‘Oh people!

Be witnesses that no Diyah is to be paid for her blood.’ Related by Abu Dawud with a trustworthy chain of narrators.’