Salaam alaikum.
Can you please tell me what is the penalty in Islam if:
1) A Muslim kills another Muslim?
2) A non-Muslim kills a Muslim?
3) A Muslim kills a non-Muslim?
Many thanks and God bless.
Wa alaykumu s-salāmu wa rahmatu l-lāhi wa barakātuh, my friend.
The general rule in the Qur’an is that of ‘equality in punishment’. This means that in every case the punishment should fit the crime. In the case of murder, a Muslim would be executed for murdering any person regardless of their religion unless the victim’s family waives their right of retaliation as an act of charity.
Allāh (Subḥānahu ūta'āla) says: ‘You who believe, fair retribution is prescribed for you in cases of murder: the free man for the free man, the slave for the slave, the female for the female. ** But if the culprit is pardoned by his aggrieved brother, this shall be adhered to fairly, and the culprit shall pay what is due in a good way. This is an alleviation from your Lord and an act of mercy. If anyone then exceeds these limits, grievous suffering awaits him. Fair retribution saves life for you, people of understanding, so that you may guard yourselves against what is wrong.’ (Al-Baqara: 178-179).
** Before Islam, the Arabs did not observe equality in retribution, but a stronger tribe would demand more, e.g. a man for a woman, a free man for a slave, or several men for one man, likewise for financial compensation. The intention of this verse is to insist on equality.
Caliph ‘Umar ibn Abdul Aziz was noted for his piety and wisdom. He was asked about the case of a Muslim man who had killed a man from among the non-Muslim citizens. ‘Umar replied that the victim’s family could claim compensation; request execution in retaliation; or else pardon the killer if they so wished. (cf. Musannaf Abdur Razzaq; 17904).
Those who claim that a Muslim is not to be punished for killing a non-Muslim cite the following hadith; and they do so out of context:
‘Abu Juhaifa reported: ‘The Prophet, peace and blessings be upon him, judged that a believer should not be killed for killing a disbeliever.’ (Sahih Bukhari: 6517).
Some Muslims have interpreted this hadith as though it were a general rule; however, the statement was made in the context of those who independently kill the soldiers of a hostile army in a declared war. This would cover partisan activity against armed and hostile troops, for example.
Commenting on this hadith, Al-Mawsalai Al-Hanafi says: ‘The meaning is of this tradition is that a Muslim is not executed in retaliation for killing a combatant in war.’ (Al-Ikhtiyar li Ta’leel; 506).
Abu Bakr Al-Jassas writes: ‘The tradition means that a believer is not killed in retaliation for (killing) an unbelieving combatant, for it has not been established that the Prophet nullified the punishment of execution for a believer who kills a non-Muslim citizen.’ (Ahkam Al-Quran; 1/176).
And Ibn Hajar writes: ‘It is not the right of a Muslim to kill every unbeliever. Rather, it is forbidden for him to kill a citizen or protected person without a just cause.’ (Fath ul-Bari; 6517).
In Islam, all murders should be prosecuted, and the guilty punished equally, regardless of the victim’s religion; but there is no punishment for a Muslim who kills an enemy combatant in a declared war. Despite this, Muslims must adhere to their peace treaties and covenants, and it is forbidden to harm an enemy who has been granted security (this includes prisoners of war under the protection of the Geneva Convention) or diplomatic immunity.
Have a good day, and very best regards.
Paul.