Musa Idris: According to the law
no one has the right to take the
soul of anyone even if the victim
found guilty except court of law, so
all those security who take law on
their hands are to be captured and
strictly punish them in accordance
with their evil act. So we strictly
call upon government to take
serious action over excessive
killing made by security personnel.
This is not security but mischief.
Comment:
Yes, It is a crime which Allah does
not forgive. Whoever will kill any
person Muslim or non-Muslim not
condemned in an authoritative
court of law such a person has
committed murder. It is one of two
possibilities. First, if the person
killed is a Muslim, Allah said:
( ﻭﻣﻦ ﻳﻘﺘﻞ ﻣﺆﻣﻨﺎ ﻣﺘﻌﻤﺪﺍ ﻓﺠﺰﺁﺅﻩ ﺟﻬﻨﻢ ﺧﺎﻟﺪﺍ
ﻓﻴﻬﺎ ﻭﻏﻀﺐ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﻟﻌﻨﻪ ﻭﺃﻋﺪ ﻟﻪ ﻋﺬﺍﺑﺎ
ﻋﻈﻴﻤﺎ )
“and he who willfully slays a
believer his reward is hell, where
he will abide, Allah’s wrath is
against him, and He has cast His
curse upon him, and has prepared
for him a great chastisement”
Q4/93
Secondly, if however, such a
person is a non-Muslims who is
given a covenant to stay in peace
either on permanent basis like the
zhimmi (those under the protection
of an Islamic state) or musta’aman
(those on temporary surety like
those on visas) or those on
Hudnah (cease-fire treaty) then his
punishment is elaborated by the
prophet – alaihis salatu was
salam- who said:
– ﻣﻦ ﻗﺘﻞ ﻧﻔﺴﺎ ﻣﻌﺎﻫﺪﺍ ﻟﻢ ﻳﺮﺡ ﺭﺍﺋﺤﺔ ﺍﻟﺠﻨﺔ، ﻭﺇﻥ
ﺭﻳﺤﻬﺎ ﻟﻴﻮﺟﺪ ﻣﻦ ﻣﺴﻴﺮﺓ ﺃﺭﺑﻌﻴﻦ ﻋﺎﻣﺎ. ﺭﻭﺍﻩ
ﺍﻟﺒﺨﺎﺭﻱ.
“Whosoever will kill a soul under
peace covenant will not smell the
fragrance of the paradise, despite
the fact that its scent can be felt
from a distance of forty years
travel”
This today includes all diplomatic
corps, foreigners on visas and
foreigners of all countries that are
members of the UN whose charter
was signed by all Muslim countries
to cease any sort of hostilities and
settle disputes peacefully and
amicability. Al-Bukhari and Muslim
narrated the prophet – peace be
upon him – as saying:
ﺫﻣﺔ ﺍﻟﻤﺴﻠﻤﻴﻦ ﻭﺍﺣﺪﺓ، ﻳﺴﻌﻰ ﺑﻬﺎ ﺃﺩﻧﺎﻫﻢ، ﻓﻤﻦ
ﺃﺧﻔﺮ ﻣﺴﻠﻤﺎ ﻓﻌﻠﻴﻪ ﻟﻌﻨﺔ ﺍﻟﻠﻪ ﻭﺍﻟﻤﻼﺋﻜﺔ ﻭﺍﻟﻨﺎﺱ
ﺃﺟﻤﻌﻴﻦ، ﻻ ﻳﻘﺒﻞ ﺍﻟﻠﻪ ﻣﻨﻪ ﺻﺮﻓﺎ ﻭﻻ ﻋﺪﻻ،. ﻗﺎﻝ
ﺍﻟﻤﻬﻠﺐ : ﻣﻌﻨﻰ ﻗﻮﻟﻪ ) : ﺫﻣﺔ ﺍﻟﻤﺴﻠﻤﻴﻦ ﻭﺍﺣﺪﺓ (
ﺃﻯ : ﻣﻦ ﺍﻧﻌﻘﺪﺕ ﻋﻠﻴﻪ ﺫﻣﺔ ﻣﻦ ﻃﺎﺋﻔﺔ ﻣﻦ
ﺍﻟﻤﺴﻠﻤﻴﻦ ﺃﻥ ﺍﻟﻮﺍﺟﺐ ﻣﺮﺍﻋﺎﺗﻬﺎ ﻣﻦ ﺟﻤﺎﻋﺘﻬﻢ .
ﻣﺘﻔﻖ ﻋﻠﻴﻪ
“the treaty of all Muslims is one,
the least of them can contract it
(on their behalf). So whoever
broke the covenant given by a
Muslim, May the curse of Allah,
the angels and people be upon
him”
Islam therefore has forbidden
people to take the law into their
hands. It is only the constituted
authority is allowed to carry out the
hudud punishment after the due
process of law is observed. At no
given situation should the life of
person be taken without such
diligent process of the sharia.
Allah said: “if any one slew a
person – unless it be for murder or
for spreading mischief in the land –
it would be as if he slew the whole
people: and if any one saved a
life, it would be as if he saved the
life of the whole people” Q5:32.
ﻣﻦ ﻗﺘﻞ ﻧﻔﺴﺎ ﺑﻐﻴﺮ ﻧﻔﺲ ﺃﻭ ﻓﺴﺎﺩ ﻓﻲ ﺍﻷﺭﺽ
ﻓﻜﺄﻧﻤﺎ ﻗﺘﻞ ﺍﻟﻨﺎﺱ ﺟﻤﻴﻌﺎ ﻭﻣﻦ ﺃﺣﻴﺎﻫﺎ ﻓﻜﺄﻧﻤﺎ ﺃﺣﻴﺎ
ﺍﻟﻨﺎﺱ ﺟﻤﻴﻌﺎ
As earlier mentioned there are two
categories of people Islam has
forbid to be killed.
1. Any Muslim or a person who
professes the Shahada.
Q4:93. “If a man kills a believer
intentionally, his recompense is
Hell, to abide therein (For ever):
And the wrath and the curse of
Allah are upon him, and a dreadful
penalty is prepared for him”. And
in the Hadith:
« ﻻ ﻳﺤﻞ ﺩﻡ ﺍﻣﺮﺉ ﻣﺴﻠﻢ ﻳﺸﻬﺪ ﺃﻥ ﻻ ﺇﻟﻪ ﺇﻻ ﺍﻟﻠﻪ
ﻭﺃﻧﻰ ﺭﺳﻮﻝ ﺍﻟﻠﻪ ﺇﻻ ﺑﺈﺣﺪﻯ ﺛﻼﺙ ﺍﻟﺜﻴﺐ ﺍﻟﺰﺍﻥ
ﻭﺍﻟﻨﻔﺲ ﺑﺎﻟﻨﻔﺲ ﻭﺍﻟﺘﺎﺭﻙ ﻟﺪﻳﻨﻪ ﺍﻟﻤﻔﺎﺭﻕ ﻟﻠﺠﻤﺎﻋﺔ
.«ﻣﺘﻔﻖ ﻋﻠﻴﻪ
“The blood of a Muslim fellow that
testify that there is no deity except
Allah and that I am his messenger
is forbidden save in the case of
one of three things. A married
fornicator, a murderer, and an
outlaw apostate that leaves the
union”. Al-bukhari and Muslim. In
another hadith:
« ﺍﻟﻤﺴﻠﻢ ﻣﻦ ﺳﻠﻢ ﺍﻟﻤﺴﻠﻤﻮﻥ ﻣﻦ ﻟﺴﺎﻧﻪ ﻭﻳﺪﻩ .«
ﻣﺘﻔﻖ ﻋﻠﻴﻪ
“The Muslim is the one the
Muslims are safe from his tongue
and hand” Al-bukhari and Muslim
We could also see that Allah has
forbiden on the prophet – alaihis
salam- to attack the city of Makkah
against the polythiset Arabs in fear
that a weak muslim may be
affected. Allah said:
ﻫﻢ ﺍﻟﺬﻳﻦ ﻛﻔﺮﻭﺍ ﻭﺻﺪﻭﻛﻢ ﻋﻦ ﺍﻟﻤﺴﺠﺪ ﺍﻟﺤﺮﺍﻡ
ﻭﺍﻟﻬﺪﻱ ﻣﻌﻜﻮﻓﺎ ﺃﻥ ﻳﺒﻠﻎ ﻣﺤﻠﻪ ﻭﻟﻮﻻ ﺭﺟﺎﻝ
ﻣﺆﻣﻨﻮﻥ ﻭﻧﺴﺎﺀ ﻣﺆﻣﻨﺎﺕ ﻟﻢ ﺗﻌﻠﻤﻮﻫﻢ ﺃﻥ ﺗﻄﺆﻭﻫﻢ
ﻓﺘﺼﻴﺒﻜﻢ ﻣﻨﻬﻢ ﻣﻌﺮﺓ ﺑﻐﻴﺮ ﻋﻠﻢ ﻟﻴﺪﺧﻞ ﺍﻟﻠﻪ ﻓﻲ
ﺭﺣﻤﺘﻪ ﻣﻦ ﻳﺸﺎﺀ ﻟﻮ ﺗﺰﻳﻠﻮﺍ ﻟﻌﺬﺑﻨﺎ ﺍﻟﺬﻳﻦ ﻛﻔﺮﻭﺍ
ﻣﻨﻬﻢ ﻋﺬﺍﺑﺎ ﺃﻟﻴﻤﺎ 25) )
Q48:25. They are the ones who
denied Revelation and hindered
you from the Sacred Mosque and
the sacrificial animals, detained
from reaching their place of
sacrifice. Had there not been
believing men and believing
women whom ye did not know that
ye were trampling down and on
whose account a crime would
have accrued to you without (your)
knowledge, ((Allah) would have
allowed you to force your way, but
He held back your hands) that He
may admit to His Mercy whom He
will. If they had been apart, We
should certainly have punished
the Unbelievers among them with
a grievous Punishment.
2- Any non-Muslims who is given
the peace covenant
ﻭﺇﻥ ﺃﺣﺪ ﻣﻦ ﺍﻟﻤﺸﺮﻛﻴﻦ ﺍﺳﺘﺠﺎﺭﻙ ﻓﺄﺟﺮﻩ ﺣﺘﻰ
ﻳﺴﻤﻊ ﻛﻼﻡ ﺍﻟﻠﻪ ﺛﻢ ﺃﺑﻠﻐﻪ ﻣﺄﻣﻨﻪ ﺫﻟﻚ ﺑﺄﻧﻬﻢ ﻗﻮﻡ ﻻ
ﻳﻌﻠﻤﻮﻥ 6) )
Q9:6. If one amongst the Pagans
ask thee for asylum, grant it to
him, so that he may hear the word
of Allah. and then escort him to
where he can be secure. That is
because they are men without
knowledge.
Allah has commanded us to
always fulfill our pledges and
covenants. Allah said:
ﻳﺎ ﺃﻳﻬﺎ ﺍﻟﺬﻳﻦ ﺁﻣﻨﻮﺍ ﺃﻭﻓﻮﺍ ﺑﺎﻟﻌﻘﻮﺩ
Q5: 1. O ye who believe! fulfill (all)
obligations.
This said, what should a Muslim
soldier or police man do when
given the fire order to kill innocent
people or captured prisoners or
criminals that do not constitute a
threat to their lives?
The fatwa is that he should not
obey such command and if he
does he has committed murder.
He may escape punishment in this
world but surely he will face the
wrath of Allah in the hereafter
when he will see those
commanders that ordered him to
kill the innocent are brought in
chains.
This is a true story,
A man came to me during the
recent Kogi state crisis, telling me
that he was sent by his brother an
officer in the Nigerian army. The
question is that the officer is
ordered to kill the next day, about
17 Muslim youth that were
rounded up in the suspicion that
they are boko Haram members, to
which the officer knew that they
were all innocent, therefore he
doesn’t know what to do.
In the end, their lives could not be
saved.
In such situation, no solder or
police should obey these orders;
he should contact the press, write
a petition upwards and distribute it
widely even if it cost him his
uniform or jailing. The unfortunate
thing is that he can be killed also
and a claim be made that he was
shot by BH. This is the danger that
our people are facing.
This is why we urgently need to
come together strongly. If you
think there are people of influence
or religious or civil organizations
that are up to task, you need to
think twice. Any action you want
and you are not a part of its
decision making, and you do not
contribute your part, just forget
about it.
This is how these innocent boys
were also massacred as it
happened in Maiduguri.
May Allah guide us to the straight
path.