Sharia Law: Non-Believers And The Death Penalty

Sharia law, or Islamic law, treats homicide as a civil dispute between the victim and perpetrator, rather than a state-sanctioned corrective punishment. According to the Quran, murder is a major sin, and killing a believer deliberately is punishable by eternal residence in Hell. However, the question arises: can a non-believer be murdered under Sharia law? This inquiry delves into the complex interplay between religious tenets and legal interpretations within the Islamic legal framework. The answer lies in understanding the concept of Qisas, or retaliation, and how it applies to different scenarios involving believers and non-believers.

Islam prohibits homicide, except when the law demands it

The Prophet has said that "The life and blood of Muslims are equally precious". In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said: "Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection."

The Quran states that "Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell forever. God will be angry with him and curse him, and prepare dreadful torment for him". The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State): "One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise".

Islam gives its citizens the right to absolute and complete equality in the eyes of the law. The Quran states that "The believers are brothers (to each other)". It also states that "If they (disbelievers) repent and keep up prayer and pay the poor-due, they are your brothers in faith".

In most schools, the general rule is that retaliation is allowed only when the victim is equal or superior to the attacker in freedom and religion. For example, a child can be subject to the penalty for patricide, but a father cannot be killed in retaliation for murdering his child. The same formula applies to homicidal actions between masters and slaves.

Islam also allows for killing in self-defence or to forestall an imminent attack. Killing combatants in lawful war is permitted and, in some cases, may be obligatory.

The Quran states that killing a believer is a major sin

> "Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him" (4:93).

The Prophet has emphasised the seriousness of this sin, stating:

> "A man will continue to be sound in his religion so long as he does not shed blood which it is forbidden to shed."

Islam places great importance on the protection of life, with the Prophet declaring that the "lives and properties" of Muslims are "forbidden" to one another. This principle of equality is further emphasised in the Quran, which states that "the believers are brothers (to each other)" (49:10).

While the Quran encourages maintaining peace with non-believers, it also permits fighting in self-defence and against oppression, emphasising proportionality and restraint. Killing a non-believer is only allowed in self-defence when Muslims and their faith and lives are threatened. This is further supported by the statement: "You have your way, and I have my Way" (109:6).

In conclusion, the Quran is clear that killing a believer is a major sin, with severe consequences in the afterlife. While self-defence and protection of faith are permitted, the Quran promotes peace and equality, emphasising that the lives of believers are sacred and inviolable.

Muslims and non-Muslims are not treated equally under Sharia Law

Sharia, meaning "the correct path" in Arabic, refers to the divine counsel that Muslims follow to live moral lives and grow closer to God. It is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunna.

While Islam gives its citizens the right to absolute and complete equality in the eyes of the law, there is debate over whether this equality extends to non-Muslims living in Muslim-majority countries. Sharia law is often misunderstood, especially regarding its treatment of non-Muslims. However, it is important to note that sharia law is not practiced uniformly in any country and is subject to interpretation.

In terms of legal rights, non-Muslims, particularly "People of the Book" (Christians and Jews), were historically allowed to practice their religion freely and follow their own legal systems concerning personal matters like marriage, divorce, and inheritance. They were given the status of "dhimmi," which granted them protection and certain rights in exchange for the payment of jizya, a tax that also served to ensure their safety and protection in a Muslim-majority state. This tax often amounted to less than the 2.5% tax on the wealth of Muslims and exempted non-Muslims from military service.

However, there are differing views on the application of sharia law to non-believers. For example, during Caliph Ali's time, a Muslim who killed a non-Muslim was brought to justice, and the non-Muslim's family was given the choice to demand the death penalty or accept compensation. On the other hand, some sources state that killing a non-believer is allowed under sharia law if it is done in the due process of law, with a court of law deciding whether the execution is being carried out with justice.

In conclusion, while Muslims and non-Muslims may be treated differently in specific situations under sharia law, the interpretation and application of sharia law vary, and it is not practiced in its original form in any country. Non-Muslims have historically been granted certain rights and protections under sharia law, and the concept of legal pluralism has been practiced in various Islamic states.

Qisas (retaliation) does not apply if the victim is a non-Muslim

Sharia law, or Islamic law, is based on the Quran and hadith, and it applies to Muslims. One of the fundamental principles of Islam is the equality of all Muslims: "The believers are brothers (to each other)" (49:10). This equality extends to the protection of life and blood, which are "equally precious" according to the Prophet.

Murder is considered one of the greatest sins in Islam. The Quran states that killing a believer deliberately is punishable by Hell: "And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allah are upon him, and a great punishment is prepared for him" (al-Nisa 493). The Prophet is also quoted as saying, "One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise" (al-Bukhari and Abu Dawud).

Qisas, or the law of retaliation, is a form of punishment in Islamic law. It is based on the idea of "an eye for an eye" and is meant to prevent oppression and seek justice for innocent individuals in society. However, according to Islamic jurisprudence, homicide is treated as a civil dispute between the victim and perpetrator, rather than a matter for corrective punishment by the state. Therefore, only the victim or the victim's heirs can demand Qisas.

Importantly, Qisas does not apply if the victim is a non-Muslim. In such cases, the perpetrator may be required to pay diya, or blood money, to the victim's family. This distinction between Muslim and non-Muslim victims has been a subject of debate among Islamic scholars, with some arguing that it goes against the principle of equality in Islam.

It is worth noting that the application of Sharia law and Qisas varies across different Muslim-majority countries and legal systems. For example, several northern states in Nigeria have enacted Sharia-based criminal laws, including Qisas, while in Saudi Arabia, murder and manslaughter are considered private offenses that are handled by the victim's family.

The Quran encourages monetary compensation (blood money) instead of qisas

The Quran, the central religious text of Islam, outlines specific guidelines regarding homicide and punishment. While murder is considered one of the greatest sins in Islam, the Quran and related Islamic legal traditions encourage alternatives to retaliation, such as monetary compensation, known as "blood money" or "diya" in Arabic. This principle of diya or blood money serves as an alternative to qisas, the concept of "an eye for an eye" or retributive justice.

Qisas, or equal retaliation, is the idea that a crime should be punished in a manner equivalent to the crime committed. In the context of murder, qisas would mean taking the life of the murderer as retribution. However, the Quran and Islamic legal scholars offer diya as an alternative form of justice. Diya refers to the financial compensation paid to the victim or the heirs of the victim in cases of murder, bodily harm, or property damage. This blood money serves as a form of restitution and can be seen as similar to an out-of-court settlement in modern legal systems.

The Quran and Islamic legal traditions provide specific guidelines for the application of diya. For example, in the case of a Muslim killing another Muslim, the offender must either face equal retaliation (qisas), pay diya to the victim's family, or be forgiven by the victim's heirs. Additionally, the rates of diya have historically varied based on the gender and religion of the victim. In modern times, some countries with Islamic legal systems, such as Iran, Pakistan, and Saudi Arabia, continue to apply diya, with rates differing for recognized religious minorities.

The preference for monetary compensation over qisas in the Quran and Islamic legal traditions can be seen as an attempt to promote justice and fairness. By allowing for financial restitution, the lives of those who may have committed murder by mistake or in self-defense can be spared, while still providing recompense to the victim's family. This flexibility in Islamic law gives weight to the value of human life and seeks to deter potential murderers, as the alternative option of qisas serves as a strong deterrent.

While the Quran and Islamic legal traditions do discuss the concept of qisas, the emphasis on diya or blood money highlights the importance of finding alternatives to retributive justice. This encourages monetary compensation as a means to resolve disputes and provide restitution to victims' families, demonstrating the Quran's encouragement of mercy and fairness in its approach to justice.

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