Honor Killings

[Ibn_Kumuna35]

Salaam Alaikum!


I just got done reading a chapter in a book (intellectually argued and thoroughly put) on women's place in the public arena. And there was a section written on Honor Killings. I wanted to know what everyone's opinion is concerning Honor Killings. It's a submarine issue that gets little or NO attention in the Muslim world. Let me know what you all think.


--Ibn

[Dan]

Bismillah


As salam alaikum


I am not sure what you mean by honor killings. Could you please define it so I am clear about what it means. I would feel silly giving my opinion about what I think it might be and be totally wrong. Jazak Allah


As salam alaikum wa rahmatullahi wa barakatu

[Ibn_Kumuna35]

Salaam Alaikum!


Honor Killing is the instance where a family member kills another family member for dishonoring the family. For example, in Pakistan, this woman married someone who was not of her tribe. Consequencely, she was not only beaten to a bloody pulp, but she was killed. A rought example, but true.


--Ibn

[Senorita]

Question Respected scholars, As-Salamu `Alaykum wa Rahmatu Allah wa


Barakatuh. What does Islam say about honor killings
? Does Islam really have a concept of honor killings
, most of the victims here are females; so does Islam really order to kill females in the name of honor?


Mufti


Islam Online Fatwa Editing Desk


<b>Answer </b>


Wa`alykum As-Salaamu Warahmatullahi Wabarakaatuh.


In the Name of Allah, Most Gracious, Most Merciful.


All praise and thanks are due to Allah, and peace and blessings be


upon His Messenger.


Dear sister in Islam, we do really appreciate your question, which


shows how far you are interested in getting yourself well-acquainted


with the sound teachings of Islam. May Allah bless your efforts in


pursuit of knowledge and may He keep us all firm in the straight


path!


Sister, it's a well-known fact that Islam maintains the protection of


life and does not sanction any violation against it. In the Glorious


Qur'an, Allah, Most High, says, "Whoso slayeth a believer of set


purpose, his reward is Hell for ever. Allah is wroth against him and


He hath cursed him and prepared for him an awful doom." (An-Nisa':


93)


`Abdullah ibn Mas`ud, may Allah be pleased with him, reported that


the Messenger of Allah, peace and blessings be upon him, said, "The


blood of a Muslim may not be legally spilt other than in one of three


[instances]: the married person who commits adultery; a life for a


life; and one who forsakes his religion and abandons the community."


(Reported by Al-Bukhari and Muslim)


Focusing more on your question, Sheikh Ahmad Kutty, a senior lecturer


and an Islamic scholar at the Islamic Institute of Toronto, Ontario,


Canada, states:


"There is no such concept in Islam that is called "honor killing".
Islam holds every soul in high esteem and does not allow any


transgression upon it. It does not allow people to take the law in


their own hands and administer justice, because doing so will be


leading to chaos and lawlessness. Therefore, based on this, Islam


does not permit such killings.


First of all, in order to sanction killing, it must be through a


binding verdict issued by an authoritative law court. Individuals


themselves have no authority either to judge cases or pass judgments.


Therefore, a Muslim should not sanction such killing because doing so


will be leading to the rule of the law of the jungle. A civilized


society cannot be run by such laws."


Shedding more light on it, Sheikh `Atiyyah Saqr, former head of Al-


Azhar Fatwa Committee, states:


"Like all other religions, Islam strictly prohibits murder and


killing without legal justification. Allah, Most High, says, "Whoso


slayeth a believer of set purpose, his reward is Hell for ever. Allah


is wroth against him and He hath cursed him and prepared for him an


awful doom." (An-Nisa': 93)


The so-called "honor killing"
is based on ignorance and disregard of morals and laws, which cannot be abolished except by disciplinary


punishments.


It goes without saying that people are not entitled to take the law


in their own hands, for it's the responsibility of the Muslim State


and its concerned bodies to maintain peace, security, etc., and to


prevent chaos and disorder from creeping into the Muslim society."


Moreover, the eminent Muslim scholar, Sheikh Muhammad Al-Hanooti,


member of the North American Fiqh Council, adds:


"In Islam, there is no place for unjustifiable killing. Even in case


of capital punishment, only the government can apply the law through


the judicial procedures. No one has the authority to execute the law


other than the officers who are in charge.


Honor killing could be a wrong cultural tradition. It is unjust and


inhumane action. The murderer of that type deserves punishment."


Allah Almighty knows best.

[Senorita]

<b>Honor Killings</b>



Mohammed Fadel PhD, JD.


© 2000


<i><b>Article 340 of the Jordan Penal Code, reads in part, “Anyone catching his wife or one of his immediate family in a flagrant act of fornication with another person, and kills, injures or harms both or either of them, will benefit from the exculpating excuse…” In response to recent moves by King Abdullah II of Jordan to eliminate this part of the code, one “Islamic” group responded, “those who are voicing their concern for the lives of a group of women, they ought to show concern for their lives as chaste women with their honor protected, otherwise, what is life worth for a woman who profaned her honor and stained the reputation of everyone related to her? Who would repair the moral damage that she has inflicted upon her family? Her killing would probably be a salvation for her from the misery of living with her sin.” </b>
</i>


This response outraged many Muslims. For that reason, I decided to research the Islamic ruling on the matter of “honor killings”, which are usually applied one-sidedly to women, but rarely if ever to men.


Here is a traditionalist ruling on this matter according to the principles (usul) of fiqh of the scholars, based on the evidences from Quran, hadith, consensus (ijma`a) and analogy (qiyas).


<b>Chapter: "The Legal Ruling (qada`) Regarding One Who </b>


Discovers a [non-Mahrim] Man With His Wife"


Malik narrated from Suhayl b. Abi Salih al-Samman, from his father, from Abu Hurayra that Sa'd b. 'Ubada, said to the Prophet (S) "Suppose I discover a man with my wife. Should I leave him be unless I bring four witnesses?" The Prophet (S) said, "Yes"



This hadith includes the following legal principles: The prohibition against applying a legal penalty without legal authority (bi ghayri sultan) and without witnesses; cutting off the means to shedding the blood of a Muslim based merely upon the claim of his accuser, the one seeking the shedding of the accused's blood. [in this case] the truth of the claim would be known only by [the accuser's] own statement and Allah, may He be glorified and sanctified, has made the life of a Muslim a precious thing, and has made the sin in taking it great as well. Therefore, it [legal punishment] is permissible only under the conditions in which Allah has permitted it. [Application of legal punishments] is exclusively for the government so that it may apply that which Allah has commanded in His book or on the tongue of His Prophet (S).


Malik followed that hadith with an opinion of ‘Ali [b. Abi Talib], may Allah be well-pleased with him, which clarifies the rule.


Malik narrated from Sa'id b. Yahya from Sa'id b. al-Musayyib that "A man from Syria, with the name of Ibn Khaybari, discovered a man with his wife so he killed him, or both of them. Mu'awiya b. Abi Sufyan was unsure of how to rule in his case, so he wrote a letter to Abu Musa al-Ash'ari, asking him to ask 'Ali b. Abi Talib about that [case]. So he asked 'Ali about it, and 'Ali told him, 'This is not a case in my domain. I beseech you to tell me [its circumstances].' Abu Musa al-Ash'ari said: ‘Mu'awiya b. Abi Sufyan wrote me a letter directing me to ask you this question.’ Ali said, 'I am Abu Hasan -- if he [ibn Khaybari] does not produce four witnesses, let him be given with a rope [to the relatives of the deceased]."


Ibn Jurayj, Ma'mar, and al-Thawri, reported it, or its near equivalent, from Yahya b. Sa'id from Sai'd b. al-Musayyib.


Ibn 'Abd al-Barr said: It means, according to him, that he [Mu’awiya] should deliver him [ibn Khaybari] with a rope around his neck to the relatives of the victim so that they may take qisas against him. It was also said that he meant that [Mu’awiya] should deliver him [ibn Khaybari] with a rope around his neck to the relatives of the victim so that they may take qisas against him unless he produces four witnesses to an act of adultery whose obligatory punishment is stoning [ii]. . .


The bulk of jurists in the townships, the people of opinion and the people of transmitted knowledge[iii] concur in the opinion of ‘Ali, may Allah be well-pleased with him, bountiful praise to Allah.


‘Abd al-Razzaq mentioned from Ma’mar from al-Zuhri, who said: “A man asked the Prophet, may Allah grant him abundant blessings and peace, saying ‘A man discovers another man with his wife; shall he kill him?’ The Prophet, may Allah grant him abundant blessings and peace, said, ‘No, not without proof.’”


Abu Bakr b. Abi Shayba said: "‘Abda b. ‘Asim told me from al-Hasan, that he said, ‘Punishments are [the responsibility] of the government.”


A similar [opinion] is attributed to Ibn Muhayriz, ‘Ata` al-Khurasani, and ‘Umar b. 'Abd al-'Aziz, and there is no disagreement on this point.


‘Abd al-Razzaq mentioned from Ma’mar from al-Zuhri, who said: “A man asked the Prophet, may Allah grant him abundant blessings and peace, saying ‘A man discovers another man with his wife; shall he kill him?’ The Prophet, may Allah grant him abundant blessings and peace, said, ‘No, not without proof.’”


Abu Bakr b. Abi Shayba said: "‘Abda b. ‘Asim told me from al-Hasan, that he said, ‘Punishments are [the responsibility] of the government.”


A similar [opinion] is attributed to Ibn Muhayriz, ‘Ata` al-Khurasani, and ‘Umar b. 'Abd al-'Aziz, and there is no disagreement on this point.


‘Abd al-Razzaq mentioned from Ma’mar from al-Zuhri, who said: “A man asked the Prophet, may Allah grant him abundant blessings and peace, saying ‘A man discovers another man with his wife; shall he kill him?’ The Prophet, may Allah grant him abundant blessings and peace, said, ‘No, not without proof.’”


Abu Bakr b. Abi Shayba said: "‘Abda b. ‘Asim told me from al-Hasan, that he said, ‘Punishments are [the responsibility] of the government.”


A similar [opinion] is attributed to Ibn Muhayriz, ‘Ata` al-Khurasani, and ‘Umar b. 'Abd al-'Aziz, and there is no disagreement on this point.


‘Abd al-Razzaq mentioned from Ma’mar from al-Zuhri, who said: “A man asked the Prophet, may Allah grant him abundant blessings and peace, saying ‘A man discovers another man with his wife; shall he kill him?’ The Prophet, may Allah grant him abundant blessings and peace, said, ‘No, not without proof.’”


Abu Bakr b. Abi Shayba said: "‘Abda b. ‘Asim told me from al-Hasan, that he said, ‘Punishments are [the responsibility] of the government.”


A similar [opinion] is attributed to Ibn Muhayriz, ‘Ata` al-Khurasani, and ‘Umar b. 'Abd al-'Aziz, and there is no disagreement on this point.


‘Abd al-Razzaq mentioned from Ma’mar from al-Zuhri, who said: “A man asked the Prophet, may Allah grant him abundant blessings and peace, saying ‘A man discovers another man with his wife; shall he kill him?’ The Prophet, may Allah grant him abundant blessings and peace, said, ‘No, not without proof.’”


Abu Bakr b. Abi Shayba said: "‘Abda b. ‘Asim told me from al-Hasan, that he said, ‘Punishments are [the responsibility] of the government.”


A similar [opinion] is attributed to Ibn Muhayriz, ‘Ata` al-Khurasani, and ‘Umar b. 'Abd al-'Aziz, and there is no disagreement on this point.


<b>Conclusion </b>


It can be concluded from this citation that Ibn `Abd al-Barr is defining punishments, whether in regard to honor crimes, or other than that, to be the domain of the government, and not something which an individual can take upon himself to perform. To allow it would be to make an individual prosecutor, judge and executioner at one and the same time, and Allah knows best.

[Senorita]

Salaam Alaikum!
I just got done reading a chapter in a book (intellectually argued and thoroughly put) on women's place in the public arena. And there was a section written on Honor Killings. I wanted to know what everyone's opinion is concerning Honor Killings. It's a submarine issue that gets little or NO attention in the Muslim world. Let me know what you all think.


--Ibn

I have given you some articles about what respected scholars had to say About this issue. Honor killings are not allowed, permissible, or legal in our Religion Islam. Honour killings are haram and barbaric its not part of islam. This is about power, control and greed. They are the remnants of the tribal culture that persists in societies in areas such as Northern Pakistan
, parts of Middle East
, Western India
, etc. Trying to legitimize this barbaric behaviour they abuse the Quran and Islam. This is no different than the Jâhilîyah practices of burying the girl alive, that Islam fought against from day one. Allah has ordered men to protect women from abuses, Not turn around and abuse them.


<b>There is no honor in honor killings. </b>

[Ibn_Kumuna35]

Salaam Alaikum!


I appreciate your efforts! I hope others will offer opinions as well.


--Ibn

[Senorita]

Strange that something as barbaric as stoning someone to death for zina would remain.

Compared to what would happen to them in the HereAfter if they don't get stoned to death here on earth would be much much more worser and horrible.


All of the people who die withhout meeting the punishment they deserve ( the people who committed Zina) here on earth will wish when they see what awaits them in their graves and on the judgmentday that they were stoned to death.


Ofcourse John for someone who doesn't really stand for anything I.e religion this all will seem mere nonsense to you.


If I committed Zina god forbid, I would travel just about anywhere to get stoned to death, or wiped 100 times if I was unmarried, Then receive the never ending torture in my grave or be sentenced to Hell.


May Allah have mercy on us.

[Senorita]

But are we are in agreement that it is barbaric ?

Ex: A person with Intelligence Someone who knows the consequences of committing Zina, if a such person does not refrain from Zina I'd consider him/her a barbarian.


So yeah I guess we are kind of in an agreement, if you are an barbarian you are most likely to be engaged in barbaric treatments.


Ok, John my turn to ask you a question if you don't mind, lets call it "questions"


What are you going to do when you meet God one day? Are you going to tell him that he is barbaric? What will you do if this hell we are all talking about is real?


What will you say and do when there is no turning back?


What if we are all right and you are wrong?