Tafsir of Surah Al-Isra - Verse 33

Prohibition of Unlawful Killing Allah forbids killing with no legitimate reason

It was reported in the Two Sahihs that the Messenger of Allah ﷺ said:

«لَا يَحِلُّ دَمُ امْرِىءٍ مُسْلِمٍ يَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللهِ، إِلَّا بِإِحْدَى ثَلَاثٍ: النَّفْسُ بِالنَّفْسِ، وَالزَّانِي الْمُحْصَنُ، وَالتَّارِكُ لِدِينِهِ الْمُفَارِقُ لِلْجَمَاعَة»

(The blood of a Muslim who bears witness to La ilaha illallah and that Muhammad ﷺ is the Messenger of Allah, is not permissible (to be shed) except in three cases: a soul for a soul (i.e., in the case of murder), an adulterer who is married, and a person who leaves his religion and deserts the Jama'ah.) The following is recorded in the books of the Sunan:

«لَزَوَالُ الدُّنْيَا عِنْدَ اللهِ أَهْوَنُ مِنْ قَتْلِ مُسْلِم»

(If the world were to be destroyed, it would be of less importance to Allah than the killing of a Muslim.)

وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَـناً

(And whoever is killed wrongfully, We have given his heir the authority.) The authority is over the killer. The heir has the choice; if he wishes, he may have him killed in retaliation, or he may forgive him in return for the payment of the Diyah (blood money), or he may forgive him with no payment, as is reported in the Sunnah. The great scholar and Imam Ibn `Abbas understood from the general meaning of this Ayah that Mu`awiyah should take power, because he was the heir of `Uthman, who had been killed wrongfully, may Allah be pleased with him, and Mu`awiyah did event- ually take power, as Ibn `Abbas said on the basis of this Ayah. This is one of the stranger of matters.

فَلاَ يُسْرِف فِّى الْقَتْلِ

(But let him not exceed limits in the matter of taking life.) They said: this means the heir should not go to extremes in killing the killer, such as mutilating the body or taking revenge on persons other than the killer.

إِنَّهُ كَانَ مَنْصُورًا

(Verily, he is helped.) means, the heir is helped against the killer by the Shari`ah and by divine decree.

Commentary

This eighth injunction is about the prohibition of killing unjustly. Virtually all groups, religions and sects of the world take it to be a grave crime. In Hadith, the Holy Prophet ﷺ said, "The destruction of the en-tire world is lighter in the sight of Allah than the unjust killing of a believer." In addition to this, some reports also carry the words: "Even if the inhabitants of Allah's seven heavens and seven earths were to join in the killing of a believer unjustly, He will put all of them into the Hell." (Ibn Majah with a chain classified as Hasan and al-Baihaqi - from Mazhari)

And in another Hadith, the Holy Prophet ﷺ has been reported to have said, "Whoever abets in the killing of a believer by assisting the killer even with one word will be brought before Allah Ta’ ala on the day of Resurrection. And written on his forehead shall be: آیس من رحمۃ اللہ (Deprived of the mercy of Allah). (Mazhari from Ibn Majah and Isbahani)

And al-Baihaqi reports on the authority of Sayyidna ` Abdullah ibn ` Abbas and Sayyidna Mu'wiyah ؓ that the Holy Prophet ﷺ said, "Hopefully, Allah Ta` ala may forgive every sin except that of the person who died in the state of disbelief (kufr) or who killed a believer intentionally and unjustly."

The meaning of Unjust Killing

Imam al-Bukhari and Muslim have reported on the authority of Sayyidna ` Abdullah ibn Masud رضی اللہ تعالیٰ عنہما that the Holy Prophet ﷺ said, "The blood of any Muslim who bears testimony that Allah is one and I am His Messenger is not halal (lawful) except under three situations. (1) He has, despite being married, committed adultery (for his legal punishment is that he should be stoned to death). (2) He who has killed a person unjustly [ for his punishment is that the waliyy (legal heir) of the person killed can get him killed under the law of qisas (even retaliation)]. (3) A person who has reneged [ as an apostate: murtadd ] from the religion of Islam (for he too is killed in punishment).

Who has the right to take Qisas?

It has been said in this verse that this is the right of the waliyy (legal heir) of the person killed. In the absence of a lineal waliyy, the head of the Islamic government will have this right - for, he too, in a way, is the waliyy of all Muslims. Therefore, in Islamic juristic terminology, the former is called real and the later, legal.

Injustice is not answered by injustice, but by justice: So, be just even when punishing criminals

The statement: فَلَا يُسْرِ‌ف فِّي الْقَتْلِ ('fala yusriffi al-qatl': but he shall not cross the limit in the matter of taking life) is a special provision of Islamic law the outcome of which is that it is not permissible to avenge injustice by counter injustice. Even when retaliating, it is necessary to uphold the demand of justice. Until such time that the legal heir (waliyy) of the person killed upholds justice and seeks an even retaliation in favor of the person killed represented by him, through the legal provisions of Qisas, then, the law of the Shari` ah stands in his favor. The reason is that he is surely supported, and Allah Ta` a1 is the supporter. And in case, he is all blinded by the desire of revenge and exceeds the limits of Islamic legal retaliation, then he, instead of being the one oppressed (mazlum), became the oppressor (Zalim) while the oppressor (zalim) be-came the one oppressed by him (mazlum). Now things will stand reversed. Allah Ta` ala and His Law will not support him. Instead, it will support the other party and shield him from injustice.

During the days of the Jahiliyyah, it was common practice of the Arabs that, in retaliation of a person killed, they would avenge him by killing anyone they could lay their hands on from among the family or friends of the killer. There were occasions when it would turn out that the person killed was someone notable among them. In that case, they would not take it as sufficient to kill only the killer in even retaliation for their man. In fact, to avenge one life, they would take the lives of two, three or many more men. Some of them would become so crazy in the heat of their passion for revenge that they would not be simply satisfied after having killed the killer. They went on to commit the horror of cutting off body parts such as the nose, ears etc. to serve as deterrents. All such actions are extra to the limits set by the Islamic Law of Even Retaliation (al-qisas), and are patently haram (unlawful). Therefore, such activities have been stopped by the proviso: I ) (but he shall not cross the limit in the matter of taking life).

An anecdote worth remembering

Someone accused Hajjaj ibn Yusuf before certain Mujtahid Imams. Hajjaj ibn Yusuf is the most notorious tyrant of Islamic history. Since, he has killed thousands of Sahabah and Tabi` in unjustly, therefore, it generally happens that people tend to overlook the evil lurking behind calling him evil. The pious elder before whom this accusation was leveled against Hajjaj ibn Yusuf asked the accusers, "Do you have any authority or evidence to support your accusation?" They said, "No." Then he said, "If Allah Ta’ ala will avenge the unjust killing of thousands of in-nocent people by Hajjaj ibn Yusuf, remember that anyone who is unjust to Hajjaj will also not be allowed to escape from that revenge. Allah Ta` la will wreak vengeance of Hajjaj from him too. There is no partisanship in the justice of Allah Ta` ala, therefore, it is not possible that He would release others to go about maligning His sinning servants by giving them a free hand to accuse and blame them at will.

The killing of anybody without the sanction of the Islamic law is totally prohibited (haram). One who is killed without the justification of the Islamic law must be regarded as having been wronged. In view of this, the surviving kin of the deceased have full rights over the killer; they may avenge the murder as per the law; or they may let the killer go, after taking compensation from him; or they may forgive him altogether. According to Islamic law, the real claimants are the surviving kin of the dead person and not the government. The duty of the government is only to help the surviving kin to enforce their will. Murder is such a terrible crime that it is said in a tradition of the Prophet Muhammad that the killing of a human being is more undesirable that the annihilation of the whole world. In the eyes of God, this principle notwithstanding, the surviving relatives of the murdered person have no right to commit any excess on the killer in the avenging of the murder. They may not, for instance, disfigure the killer or kill one of his companions in his place, etc. If the surviving relatives of the killed person commit any excess in avenging the murder, in this case the government may step in to prevent this, in exactly the same manner as it would have assisted them in securing their right to retributive justice, or qisas. This reveals the spirit of Islamic law: if a person, howsoever oppressed, wants to take revenge, he is allowed to do so only in proportion to the degree of oppression he has suffered. He is in no way allowed to take any action in excess of this.