RENAISSANCE JANUARY 2023

33 Monthly Renaissance January 2023 Islamic Law The Punishment of Intentional Murder Javed Ahmad Ghamidi Religion and ethics have always accorded sanctity to human life. The Almighty has explicitly stated in His Book that no one should kill another person; it is the greatest sin after polytheism. The Qur’ ā n insists that the Israelites were given this directive with the emphasis that the killing of one human being is equivalent to the killing of all mankind. This directive is found in the Talmud even today in almost the same words. The Qur’ ā n has referred to it in S ū rah M ā ’idah. Consequently, it is said: ﻔﺲ و ﻓﺴﺎد + 34 ﻐ a ﻔﺴﺎ + آءﻳﻞ ﻧﻪﻣﻦﻗﺘﻞ º U– ﺑ z¡ ﻛﺘﺒﻨﺎ ﻋ » ًٍٍٰۡۡۡۢۡۡۡۡۡﻣﻦ ﺟﻞذﻟﻚ œٰۡۤۡۡ ﻵﻹرضﻓ z‘ۡۡ ﺎﻧﻤﺎﻗﺘﻞ ﻟﻨﺎسﺟﻤﻴﻌﺎ oًۡ . ) ٣٢:٥ ( It is this [rebelliousness of man] because of which We laid it down [in the Mosaic shar ī ‘ah ] for the Israelites that he who killed a human being without the latter being guilty of killing another or because of spreading anarchy in the land should be looked upon as if he killed all mankind. (5:32) It is evident from the above mentioned directive that the life of a human being can only be taken in two instances: when a person has killed someone or when a person while rebelling against the collective system attacks the life, wealth or honour of others. The words “spreading anarchy in the land” refer to this latter practice. Apart from these two instances, every killing is an unjustified act. According to Islam and the Islamic shar ī ‘ah , such a killing is a crime not only against God but also against the heirs of the murdered person as well as against the society and the government. The Almighty has specified that such criminals will not deserve any lenience from Him in the Hereafter; their faith and deeds will bear no fruit and they will be consigned to