Blood Money and Human Killing: Islamic Law from Imam Bukhari
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Blood Money and Human Killing
NUMBER 38 :
NARRATED BY :Anas
A man peeped into one of the dwelling places of the Prophet. The Prophet got up and aimed a sharp-edged arrow head (or wooden stick) at him to poke him stealthily.
NUMBER 38 :
NARRATED BY :Sahl bin Sa’d As-Sa’idi
A man peeped through a hole in the door of Allah’s Apostle’s house, and at that time, Allah’s Apostle had a Midri (an iron comb or bar) with which he was rubbing his head. So when Allah’s Apostle saw him, he said (to him), “If I had been sure that you were looking at me (through the door), I would have poked your eye with this (sharp iron bar).” Allah’s Apostle added, “The asking for permission to enter has been enjoined so that one may not look unlawfully (at what there is in the house without the permission of its people).”
NUMBER 39 :
NARRATED BY :Abu Huraira
Abul Qasim said, “If any person peeps at you without your permission and you poke him with a stick and injure his eye, you will not be blamed.”
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NUMBER 40 :
NARRATED BY :Ash-Sha’bi
I heard Abu Juhaifa saying, “I asked `Ali ‘Have you got any Divine literature apart from the Qur’an?’ (Once he said…apart from what the people have?) `Ali replied, ‘By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur’an and the ability (gift) of understanding Allah’s BOOKwhich He may endow a man with and we have what is written in this paper.’ I asked, ‘What is written in this paper?’ He replied, ‘Al-`Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever.” (See Hadith No. 283,Vol. 4)
NUMBER 41 :
NARRATED BY :Abu Huraira
Two women from the tribe of Hudhail (fought with each other) and one of them threw (a stone at) the other, causing her to have a miscarriage and Allah’s Apostle gave his verdict that the killer (of the fetus) should give a male or female slave (as a Diya).
NUMBER 42 :
NARRATED BY :Hisham’s father
‘Umar consulted the companions about the case of a woman’s abortion (caused by somebody else). Al-Mughlra said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.
NUMBER 43 :
NARRATED BY :’Urwa
I heard Al-Maghira bin Shu’ba narrating that ‘Umar had consulted them about the case of abortion (similarly as narrated in No. 42).
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NUMBER 44 :
NARRATED BY :Abu Huraira
Allah’s Apostle gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah’s Apostle gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her ‘Asaba.
NUMBER 45 :
NARRATED BY :Abu Huraira
Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the ‘Asaba (near relatives) of the killer.
NUMBER 46 :
NARRATED BY :’Abdul-‘Aziz
Anas said, “When Allah’s Apostle arrived at Medina, Abu Talha took hold of my hand and brought me to Allah’s Apostle and said, “O Allah’s Apostle! Anas is an intelligent boy, so let him serve you.” Anas added, “So I served the Prophet L at home and on journeys; by Allah, he never said to me for anything which I did: Why have you done this like this or, for anything which I did not do: ‘Why have you not done this like this?”
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NUMBER 47 :
NARRATED BY :Abu Huraira
Allah’s Apostle said, “There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state.”
NUMBER 48 :
NARRATED BY :Abu Huraira
The Prophet said, “There is no Diya for a person injured or killed by an animal (going about without somebody to control it) and similarly, there is no Diya for the one who falls and dies in a well, and also the one who dies in a mine. As regards the Ar-Rikaz (buried wealth), one-fifth thereof is for the state.”
NUMBER 49 :
NARRATED BY :’Abdullah bin ‘Amr
The Prophet said, “Whoever killed a Mu’ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling).”
NUMBER 50 :
NARRATED BY :Abu Juhaifa
I asked ‘Ali “Do you have anything Divine literature besides what is in the Qur’an?” Or, as Uyaina once said, “Apart from what the people have?” ‘Ali said, “By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah’s BOOKwhich He may endow a man, with and what is written in this sheet of paper.” I asked, “What is on this paper?” He replied, “The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).”
NUMBER 51 :
NARRATED BY :Abu Said
The Prophet said, “Do not prefer some prophets to others.”
NUMBER 52 :
NARRATED BY :Abu Said Al-Khudri
A Jew whose face had been slapped (by someone), came to the Prophet and said, “O Muhammad! A man from your Ansari companions slapped me. ” The Prophet said, “Call him”. They called him and the Prophet asked him, “Why did you slap his face?” He said, “O Allah’s Apostle! While I was passing by the Jews, I heard him saying, ‘By Him Who chose Moses above all the human beings.’ I said (protestingly), ‘Even above Muhammad?’ So I became furious and slapped him.” The Prophet said, “Do not give me preference to other prophets, for the people will become unconscious on the Day of Resurrection and I will be the first to gain conscious, and behold, I will Find Moses holding one of the pillars of the Throne (of Allah). Then I will not know whether he has become conscious before me or he has been exempted because of his unconsciousness at the mountain (during his worldly life) which he received.”
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โBlood Moneyโ has no acceptability in the criminal justice system