Homicide and the Guide and Ruling for the Mandatory Capital Punishment in the Islamic Shari'ah

Homicide and the Guide and Ruling for the Mandatory Capital Punishment
 in the Islamic Shari'ah
ABSTRACT

“Nor take life - which God has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand Qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law). The ayah is giving the eight injunction in the set of ayahs termed sometimes as the “Ten Commandments of the Quran” (not to be taken literally) which we have been  discussing in the last few sessions. To start with, the ayah clearly prohibits taking of any human life because Allah Ta'aala Subhaanahoo has made human life sacred. Maudoodi points out that taking one’s own life is also covered by this ayah. The ayah adds “illaa bil haque” — except for a just cause. Basically there are only two circumstances in which taking a human life is justified in our Shari’ah:

• Unjust murder of another human being; murder in genuine self-defense is exempted.
• The second is mentioned in ayah 33 of Surah Al Ma’idah: “Verily the recompense of those who wage war against God and His Messenger, and endeavor to work corruption upon the earth is that they be killed….”
• Some traditional scholars have added two other  categories. These are controversial because conflicting and inadequate rivaayaat have been given precedence over the clear and plain text of the Quran: 

Adultery; sexual indiscretion by married couple

A renegade from Islam 

Next the ayah declares that, in the event of  “qutelaa mazlooman” (slain wrongfully/unjustly) “verily we have made for his wali an authority” (“faqad ja-alnaa le walayyehi sultana”). Wali is usually taken to mean the heir of the victim who alone is the legal plaintiff and not the government.  The heir is authorized to demand qisaas, to pardon or receive blood-money. The head of the State has no role to play. This is in sharp contrast to the practice found in almost the whole of non-Muslim world. Further, there is an ongoing movement in the world to ban capital punishment. This is a non-starter for Muslims because our Quran declares categorically and for good reasons:³

“for, in [the law of] just retribution, O you who are endowed with insight, there is life for you, so that you might remain conscious of God!”

As per this ayah, this Wali has been given a “sultana” i.e. an authority which is described in another ayah:

“ O YOU who have attained to faith! Just retribution is ordained for you in cases of killing: the free for the free, and the slave for the slave, and the woman for the woman. And if something [of his guilt] is remitted to a guilty person by his brother, this [remission] shall be adhered to with fairness, and restitution to his fellow-man shall be made in a goodly manner. This is an alleviation from your Sustainer, and an act of His grace. And for him who, none the less, wilfully transgresses the bounds of what is right, there is grievous suffering in store”

The ayah is discussing “fi’l-qatla” which literally means "in the matter of the killed”. This is the ayah of Qisaas which Mohsin Khan labels as “the law of Equality in Punishment”. The jurists have carefully laid down that the law of qisaas refers to first degree murder only. After inspiring pardon and mercy, the ayah exhorts to follow the procedure in a “maa’roof” way i.e. in a suitable and universally recognised and appreciated manner and to settle the compensation with “ahsaan” i.e. with utter kindness and generosity. The ayah then calls this whole episode as a “takhfeef” i.e. concession from Allah Ta'aala Subhaanahoo and HIS “rehmah” i.e. mercy. At the end of the ayah Bari Ta’aala warns of “azaabun aleem” — painful punishment — to those who “mane’ ta’daa” i.e. transgress the limits. Coming back to the index ayah. Next it warns “fa-laa yusrif fil qatle” i.e. do not transgress in enforcing the retribution. Thus the Waliyye or the Court of Justice should impose the sentence only on the actual culprits; the pagan practice 0f punishing others as well is forbidden. It is also recommended to avoid the capital punishment in the presence of possible mitigating circumstances.The last segment again is open to two interpretations.

January 22, 2017

 Read ONLY,  IF AND WHEN you have time and mood for: 

 “An Ayah of the Quran for 30 Days” -- January 2017

Choose the section you have time, in the next 30 days to read this ayah:-

Prelude:                       Recurrent Primary Message          1st.         Page

Starting Dua, a note & The Ayah                                       2nd.      Page

A Short Summary:       For the Busy Bee                            Two       Pages

The Main Story:           Recommended                                Three    Pages

Footnotes:                   For the Perfectionist                         Two       Pages

PRELUDE

From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran. 

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 

DUAA’

بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ

In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers. 

Further, we recall that Allah Ta’aala has declared in HIS Book¹

 “He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)”

 and we also recollect that he has warned us about the day of judgement² 

“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).” 

We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh  -- in matters religion. 

(NOTE:  I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main email will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.) 

THE AYAH

Surah Al Isra’ (no. 17), Ayah 33

وَلا تَقتُلُوا النَّفسَ الَّتي حَرَّمَ اللَّهُ إِلّا بِالحَقِّ ۗ وَمَن قُتِلَ مَظلومًا فَقَد جَعَلنا لِوَلِيِّهِ سُلطانًا فَلا يُسرِف فِي القَتلِ ۖ إِنَّهُ كانَ مَنصورًا

“Nor take life - which God has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand Qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law). (Yousuf Ali)

A SHORT VERSION

“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i

Generally speaking the language of the Quran is lucid and clear; it is fun reading and studying it. However there are situations where the text sounds difficult and open to different interpretations. The present ayah is an example, as we will see shortly. It is giving the eight injunction in the set of ayahs termed sometimes as the “Ten Commandments of the Quran” (not to be taken literally) which we have been  discussing in the last few sessions. 

To start with, the ayah clearly prohibits taking of any human life because Allah Ta'aala Subhaanahoo has made human life sacred; they are innocent souls. Islam considers the killing of any human being to be a crime of the highest order, ranking next to associating partners with God………………(See the Main Story) Maudoodi points out that taking one’s own life is also covered by this ayah; hence suicide also should be haraam. As ours is a Divine religion, it is natural and realistic; it recognizes that sometimes taking one life may be required to save many others. Hence the ayah adds “illaa bil haque” — except for a just cause — after mentioning the prohibition of killing. These causes of justified killing are discussed elsewhere in the Text. Basically there are only two circumstances in which taking a human life is justified in our Shari’ah:

• Unjust murder of another human being; murder in genuine self-defense is exempted.
• The second is mentioned in ayah 33 of Surah Al Ma’idah: “Verily the recompense of those who wage war against God and His Messenger, and endeavor to work corruption upon the earth is that they be killed….” …………………(See the main story)
• Some traditional scholars have added two other  categories for capital punishment. These are controversial because conflicting and inadequate rivaayaat have been given precedence over the clear and plain text of the Quran: 

Adultery; sexual indiscretion by married couple

A renegade from Islam 

Next the ayah declares that, in the event of  “qutelaa mazlooman” (slain wrongfully/unjustly) “verily we have made for his wali an authority” (“faqad ja-alnaa le walayyehi sultana”). That’s it. Now we have to figure out who the wali is and what is this authority. Before I proceed further let me point out that slain wrongfully refers to a first degree murder and not to ………………..(See the Main Story)

Wali is usually taken to mean the heir or next of kin of the victim in the present context. Technically the term also means “protector”……………….. As pointed out by Maudoodi, in a case of murder, the legal plaintiff is not the government but the guardian or the guardians of the victim; they are authorized to demand qisaas, to pardon or receive blood-money. The head of the State has no role to play. This is in sharp contrast to the practice found in almost the whole of non-Muslim world. Further, there is an ongoing movement in the world to ban capital punishment. This is a non-starter for Muslims. Our Quran mandates categorically and for good reasons:³

“for, in [the law of] just retribution, O you who are endowed with insight, there is life for you, so that you might remain conscious of God!”

As per this ayah, this Wali has been given a “sultana” i.e. an authority. Which authority? What authority? The ayah is quiet on this according to the general style of the Holy Text. But the reader in the early seventh century knew where to look in the Text for this authority:⁴

“ O YOU who have attained to faith! Just retribution is ordained for you in cases of killing: the free for the free, and the slave for the slave, and the woman for the woman. And if something [of his guilt] is remitted to a guilty person by his brother, this [remission] shall be adhered to with fairness, and restitution to his fellow-man shall be made in a goodly manner. This is an alleviation from your Sustainer, and an act of His grace. And for him who, none the less, wilfully transgresses the bounds of what is right, there is grievous suffering in store”

Basically religion is for the individual; but this individual is part of a society; each has to react with the other. Unless there are laws to regulate this interaction there will be chaos. To put it beautifully and effectively “This is the innermost reason why legislation plays so great a role within the ideology of Islam, and why the Qur'an consistently intertwines its moral and spiritual exhortation with ordinances relating to practical aspects of social life.” (Dr. Mohammed Asad)

The ayah is discussing “fi’l-qatla” which literally means "in the matter of the killed”. This will include all types of  homicide like  premeditated murder, murder under extreme provocation, culpable homicide, accidental manslaughter etc. However this ayah covers the first kind only. The legal retribution for unintentional homicide is discussed in Ayah 92 of Surah Al Nisa.

This is the ayah of Qisaas which is describing the “authority” referred to in our index ayah. Many of our traditional and well known mufassirs have translated Qisaas as the “law of retaliation”. Linguistically this is absolutely baseless………..(See the main story). Mohsin Khan labels it as “the law of Equality in Punishment”. The jurists have carefully laid down that the law of qisaas refers to first degree murder only — deliberate and premeditated. …………….(See the Main Story)

Nasr in his “Study Quran” refers to an interesting historical use of this ayah: ……….(See the main story)

The Quranic language is par excellence in its style and literary beauty which is the main basis for its Ejaaz. …………….To most of us this ayah seems to suggest apparently that if a slave is killed another slave should be killed for the ayah says “and the slave for the slave”………………The Quran here has adopted the elliptical mode of expression……. It orders that whoever kills — free, slave, free woman or slave woman — he or she will be punished; no other person can be replaced or added………………(See the main story) 

Dr. Asad brings in an important divergence in interpretation……………….. (See the Main Story)          

The Islamic Law of Qisaas, in one aspect differs fundamentally from the prevalent law and practice in most societies……………….(See the main story)

It cannot be over emphasised that ours is a very Natural and Practical religion. It recognizes the need for capital punishment and legislates for it. At same time, as if in the same breath it strongly recommends forgiveness on the basis of common brotherhood and offers practical steps for it. After inspiring pardon and mercy, it exhorts to follow the procedure in a “maa’roof” way i.e. in a suitable and universally recognised and appreciated manner and to make the compensation with “ahsaan” i.e. with utter kindness and generosity. The ayah then calls this whole episode as a “takhfeef” i.e. concession from Allah Ta'aala Subhaanahoo and HIS “rehmah” i.e. mercy.

 At the end of the ayah Bari Ta’aala warns of “azaabun aleem” — painful punishment — to those who “mane’ ta’daa” i.e. transgress the limits. The transgression is a pointer to and warning against………….

Coming back to the index ayah. Next it warns “fa-laa yusrif fil qatle” i.e. do not transgress in enforcing the retribution. Thus the Waliyye or the Court of Justice should impose the sentence only on

the actual culprits; the pagan practice 0f punishing others as well is forbidden. It is also recommended to avoid the capital punishment in the presence of possible mitigating circumstances.

The last segment again is open to two interpretations. It reads “for he is helped”. Who is helped? How he is helped?………………….(See the Main Story)

........and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen

THE MAIN STORY

“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i

Generally speaking the language of the Quran is lucid and clear; it is fun reading and studying it. However there are situations where the text sounds difficult and open to different interpretations. The present ayah is an example, as we will see shortly. It is giving the eight injunction in the set of ayahs termed sometimes as the “Ten Commandments of the Quran” (not to be taken literally) which we have been  discussing in the last few sessions. 

To start with, the ayah clearly prohibits taking of any human life because Allah Ta'aala Subhaanahoo has made human life sacred; they are innocent souls. Islam considers the killing of any human being to be a crime of the highest order, ranking next to associating partners with God. The Quran has declared that unjust killing of one soul is tantamount to killing the whole of humanity. It’s punishment says the Quran is eternal Hell. The warning against slaying souls that God has made inviolable is also found in ayah 151 of Surah Al An’am and ayah 68 of Surah Al Furqan. Maudoodi points out that taking one’s own life is also covered by this ayah; hence suicide also should be haraam. As ours is a Divine religion, it is natural and realistic; it recognizes that sometimes taking one life may be required to save many others. Hence the ayah adds “illaa bil haque” — except for a just cause — after mentioning the prohibition of killing. These causes of justified killing are discussed elsewhere in the Text. Basically there are only two circumstances in which taking a human life is justified in our Shari’ah:

• Unjust murder of another human being; murder in genuine self-defense is exempted.
• The second is mentioned in ayah 33 of Surah Al Ma’idah: “Verily the recompense of those who wage war against God and His Messenger, and endeavor to work corruption upon the earth is that they be killed….” That is, ignoring the collective will of Muslims in any acton against the life, property and honor of other Muslims will be dealt with an iron hand. In other words to curb fitna in the society, fighting a war, rebellion against a government or any upheaval or turmoil in the society.
• Some traditional scholars have added two other  categories for capital punishment. These are controversial because conflicting and inadequate rivaayaat have been given precedence over the clear and plain text of the Quran: 

Adultery; sexual indiscretion by married couple

A renegade from Islam 

Next the ayah declares that, in the event of  “qutelaa mazlooman” (slain wrongfully/unjustly) “verily we have made for his wali an authority” (“faqad ja-alnaa le walayyehi sultana”). That’s it. Now we have to figure out who the wali is and what is the authority. Before I proceed further let me point out that slain wrongfully refers to a first degree murder and not to manslaughter as the concept of “zulm” in Islam necessarily refers only to intentional misconduct.

Wali is usually taken to mean the heir or next of kin of the victim in the present context. Technically the term also means "protector" or "defender of [one's] rights”. Zamakhshari, therefore, observes that it may also apply to the government (or sultan) as he is  the "protector" or "defender of the rights" of all its citizens. Mufti Mohammed Shafi regards lineal heir as the real  heir; in his absence the head of the govt. is the legal heir. As pointed out by Maudoodi, in a case of murder, the legal plaintiff is not the government but the guardian or the guardians of the victim; they are authorized to demand qisaas, to pardon or receive blood-money. The head of the State has no role to play. This is in sharp contrast to the practice found in almost the whole of non-Muslim world. Further, there is an ongoing movement in the world to ban capital punishment. This is a non-starter for Muslims. Our Quran mandates categorically and for good reasons:³

“for, in [the law of] just retribution, O you who are endowed with insight, there is life for you, so that you might remain conscious of God!”

As per this ayah, this Wali has been given a “sultana” i.e. an authority. Which authority? What authority? The ayah is quiet on this according to the general style of the Holy Text. The reader in the early seventh century knew where to look in the Text for this authority:⁴

“ O YOU who have attained to faith! Just retribution is ordained for you in cases of killing: the free for the free, and the slave for the slave, and the woman for the woman. And if something [of his guilt] is remitted to a guilty person by his brother, this [remission] shall be adhered to with fairness, and restitution to his fellow-man shall be made in a goodly manner. This is an alleviation from your Sustainer, and an act of His grace. And for him who, none the less, wilfully transgresses the bounds of what is right, there is grievous suffering in store”

Basically religion is for the individual; but this individual is part of a society; each has to react with the other. Unless there are laws to regulate this interaction there will be chaos. To put it beautifully and effectively “This is the innermost reason why legislation plays so great a role within the ideology of Islam, and why the Qur'an consistently intertwines its moral and spiritual exhortation with ordinances relating to practical aspects of social life.” (Dr. Mohammed Asad)

The ayah is discussing “fi’l-qatla” which literally means "in the matter of the killed”. This will include all types of  homicide like  premeditated murder, murder under extreme provocation, culpable homicide, accidental manslaughter etc. However this ayah covers the first kind only. The legal retribution for unintentional homicide is discussed in Ayah 92 of Surah Al Nisa.

This is the ayah of Qisaas which is describing the “authority” referred to in our index ayah. Many of our traditional and well known mufassirs have translated Qisaas as the “law of retaliation”. Linguistically this is absolutely baseless. According to all the classical commentators the word Qisaas is almost synonymous with musaawah, i.e., "making a thing equal (to another thing)”; in this instance, making the punishment equal (or appropriate) to the crime. Hence Qisaas can be best rendered as "just retribution" and not (as has been often, and erroneously, done) as "retaliation". Yousuf Ali calls it “law of equality” which has much mitigated the horrors of the pre-Islamic custom of retaliation and meets the strict claims of justice. Mohsin Khan labels it as “the law of Equality in Punishment”. The jurists have carefully laid down that the law of qisaas refers to first degree murder only — deliberate and premeditated. Qisaas is not applicable to manslaughter, due to a mistake or an accident. In all these cases there is no capital punishment. Obviously, there should be no subterfuges, no bribes, no unseemly byplay etc. in tackling such cases.

Nasr in his “Study Quran” refers to an interesting historical use of this ayah: “This verse was invoked by ʿAmr ibn al-ʿĀṣ (d. 43/ 664) at the arbitration (37/ 658) that took place after the Battle of Ṣiffīn (37/ 657) as part of his argument that Muʿāwiyah ibn Abī Sufyān (then the governor of Syria) had the right to assume the caliphate. ʿAmr’s argument was that Muʿāwiyah, as the walī (in the sense of a near male relative) of his “unjustly slain” cousin, the third Caliph, ʿUthmān ibn ʿAffān, should be granted sulṭān, meaning political authority”. I am probably missing here something for I see very devious logic here. Caliphate was not a private property to be transferred to the heirs of the deceased.

The Quranic language is par excellence in its style and literary beauty which is the main basis for its Ejaaz. Most of the present day Arabs also are probably ignorant of this. We, the Ajmi cannot even visualize it. Yet, this does not really matter most of the time. It does become an issue though, as in this ayah when we fail to appreciate the meaning of what Allah Ta'aala Subhaanahoo is talking about because of this  style. To most of us this ayah seems to suggest apparently that if a slave is killed another slave should be killed for the ayah says “and the slave for the slave”; it also speaks of “free for the free” and “woman for the woman”. It almost sounds as if who the killer is does not matter. This would be a great travesty of justice which is one 0f the essence of Islam. The Quran here has adopted the elliptical mode of expression. The meaning was very clear to the Bedouins of those days when for example if a “free” kills a person, he will not be touched and instead few of his slaves would be killed. The ayah puts a halt to this wrongful practice. It orders that whoever kills — free, slave, free woman or slave woman — he or she will be punished; no other person can be replaced or added.  A woman is mentioned separately because her position as a mother or an economic worker is different. She does not form a different class, but a division in the other two classes. 

Dr. Asad brings in an important divergence in interpretation. When it comes to remittance, the ayah uses the term “his brother”. Most exegesis refer to this as the victims brother. However Dr. Asad is of the opinion that “his” here pertains to the guilty party and “brother” denotes his brother in Faith that could extend to the whole community and its legal organs. This gives an entirely new outlook to approach the problem.⁵ Yousuf Ali also maintains that the term “The brother” is perfectly general; all men are brothers in Islam. In this, and in all questions of inheritance, females have similar rights to males, and therefore the masculine gender imports both sexes.

The Islamic Law of Qisaas, in one aspect differs fundamentally from the prevalent law and practice in most societies. In a case of murder the Plaintiff in Islamic jurisprudence is the heir of the deceased and not the State. The latter is required to control and felicitate the smooth enactment of the law. Only the heir has the right to demand execution or blood money or grant pardon. The head of the State does not have this power in our Shari’ah. If there is no heir or is not interested then the State takes this responsibility.

It cannot be over emphasised that ours is a very Natural and  Practical religion. It recognizes the need for capital punishment and legislates for it. At the same time, as if in the same breath it strongly recommends forgiveness on the basis of common brotherhood and offers practical steps for it. After inspiring pardon and mercy, it exhorts to follow the procedure in a “maa’roof” way i.e. in a suitable and universally recognised and appreciated manner and to make the compensation with “ahsaan” i.e. with utter kindness and generosity. The ayah then calls this whole episode as a “takhfeef” i.e. concession from Allah Ta'aala Subhaanahoo and HIS “rehmah” i.e. mercy.

 At the end of the ayah Bari Ta’aala warns of “azaabun aleem” — painful punishment — to those who “mane’ ta’daa” i.e. transgress the limits. The transgression is a pointer to and warning against the extended blood feuds that were often generated by such crimes in pre-Islamic Arabia. Only the actual murderer is subject to punishment. Additionally the murderer should not be tortured, maimed, or mutilated before execution. Warning of  painful punishment is is a common style of God Almighty after an injunction. The only sanction these commandments of Allah have is our Taqwaa; God consciousness; our firm and practical belief in HIM and the day of judgement. HE does not employ any moral police force to enforce HIS instructions. In the absence of taqwaa, all the words of our Lord and Creator will fall on deaf ears.  

Coming back to the index ayah. Next it warns “fa-laa yusrif fil qatle” i.e. do not transgress in enforcing the retribution. Thus the Waliyye or the Court of Justice should impose the sentence only on the actual culprits; the pagan practice 0f punishing others as well  is forbidden. It is also recommended to avoid the capital punishment in the presence of possible mitigating circumstances.

The last segment again is open to two interpretations. It reads “for he is helped”. Who is helped? How he is helped? According to Razi, a Persian Hadith scholar “he” i.e. the victim is avenged in this world by the retribution exacted from his murderer, and in the life to come, blessed by the special grace which God bestows on all who have been slain without any legal or moral justification. According to some scholars “he” refers to the guilty. It is assured that he will be helped adequately by the Divine law of Qisaas and should be content on that. Maulana Maudoodi has a dissenting note to add: “It has not been defined how succor will be given because at the time of its revelation the Islamic State had not yet been established. After its establishment it was made clear that a guardian was not authorised to enforce retribution by murdering the criminal. The Islamic Government alone is legally authorized to take retribution; therefore, succor for justice should be demanded only from it”. 

........and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

FOOTNOTES

(1) Surah 2/269

يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ

(2) Surah 102/8

ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ

(3) Surah 2/179

وَلَكُم فِي القِصاصِ حَياةٌ يا أُولِي الأَلبابِ لَعَلَّكُم تَتَّقونَ

(4) Surah 2/178

ا أَيُّهَا الَّذينَ آمَنوا كُتِبَ عَلَيكُمُ القِصاصُ فِي القَتلَى ۖ الحُرُّ بِالحُرِّ وَالعَبدُ بِالعَبدِ وَالأُنثىٰ بِالأُنثىٰ ۚ فَمَن عُفِيَ لَهُ مِن أَخيهِ شَيءٌ فَاتِّباعٌ بِالمَعروفِ وَأَداءٌ إِلَيهِ بِإِحسانٍ ۗ ذٰلِكَ تَخفيفٌ مِن رَبِّكُم وَرَحمَةٌ ۗ فَمَنِ اعتَدىٰ بَعدَ ذٰلِكَ فَلَهُ عَذابٌ أَليمٌ

(5) Dr. Asad: “The segment  فَمَن عُفِيَ لَهُ مِن أَخيهِ شَيءٌ literally means ‘and he to whom [something] is remitted by his brother’. There is no linguistic justification whatever for attributing - as some of the commentators have done - the pronoun "his" to the victim and, thus, for assuming that the expression "brother" stands for the victim's "family" or "blood relations". The pronoun "his" refers, unquestionably, to the guilty person; and since there is no reason for assuming that by "his brother" a real brother is meant, we cannot escape the conclusion that it denotes here "his brother in faith" of "his fellow-man" - in either of which terms the whole community is included. Thus, the expression "if something is remitted to a guilty person by his brother" (i.e., by the community or its legal organs) may refer either to the establishment of mitigating circumstances in a case of murder, or to the finding that the case under trial falls within the categories of culpable homicide or manslaughter - in which cases no capital punishment is to be exacted and restitution is to be made by the payment of an indemnity called diyyah (see 4:92) to the relatives of the victim. In consonance with the oft-recurring Qur'anic exhortation to forgiveness and forbearance, the "remission" mentioned above may also (and especially in cases of accidental manslaughter) relate to a partial or even total waiving of any claim to indemnification.”