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The Preservation and Protection of Life (Nafs) is among the Higher Objectives of Islamic Law
Author : Dr. Mohammad Al-Hunaiti
Date Added : 05-01-2022

 

The Preservation and Protection of Life (Nafs) is among the Higher Objectives of Islamic Law

 

Praise be to Allah Who honored man and appointed him vicegerent on the earth to make it a better place. Allah The Almighty Says (What means): "Behold, thy Lord said to the angels: "I will create a vicegerent on earth." They said: "Wilt Thou place therein one who will make mischief therein and shed blood? - whilst we do celebrate Thy praises and glorify Thy holy (name)?" He Said: "I know what ye know not." [Al-Baqarah/30].

Praise be to Allah Who sent the Messengers and revealed with them scriptures so that mankind may uphold justice. Allah wouldn`t leave people live like animals where the strong preys on the weak and deny him/her the right to live. To solve this dilemma, Allah has set up limits and granted rights to make sure that nobody would transgress against others and that conflict of interests amongst people would happen.

However, some people, and this does exist in all times and places, don`t seek the path of Allah and go astray surrendering to whims and desires and sell their souls to the devil. This chaotic situation causes the strong to overpower the weak, the rich to overpower the poor, and the ruler to overpower the ruled leading to the spread of crimes and the shedding of blood.

For that, Sharia, through its clear rulings, preserved life and made this a necessity. Allah The Almighty Says (What means): "On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land." [Al-Ma`idah/32]. In addition, on the authority of Ibn Masood (may Allah be pleased with him) who said:

The Messenger of Allah (peace and blessings of Allah be upon him) said: "It is not permissible to spill the blood of a Muslim except in three [instances]: the married person who commits adultery, a life for a life, and the one who forsakes his religion and separates from the community." [Moslim]. Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (Blessings and peace be upon him) said: "Everything belonging to a Muslim is inviolable for a Muslim; his honour, his blood and property. Piety is here (and he pointed out to his chest thrice). It is enough for a Muslim to commit evil by despising his Muslim brother." [Moslim].

Based on these texts, Islam forbids taking life and considers this a major sin that has serious repercussions on the individual and the society considering the panic and fear it causes. Thus, it can`t be imagined that a Muslim would kill another Muslim save by mistake. Allah Says (What means): "Never should a believer kill a believer; but (If it so happens) by mistake." [An-Nisa`/92].

In explaining this verse, the great scholar Al-Alousi said: "Because belief discourages killing." [Tafseer Al-Alousi, vol.4/pp.178]. Commenting on this verse, Al-Qortobi said: "It means that a believer should never kill a believer, but if this happens it is by mistake." [Tafseer Al-Qortobi/vol.5/272]. 

As for the one who kills deliberately, Allah has threatened to inflict the severest punishment on them. Allah Says (What means): "If a man kills a believer intentionally, his recompense is Hell, to abide therein (For ever): "And the wrath and the curse of God are upon him, and a dreadful penalty is prepared for him." [An-Nisa`/93]. Abu Darda` reported God’s Messenger as saying: "God may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer." [Abu Dawood].

Due to the gravity of this crime, Allah holds the son of Adam, Cain, liable for every time someone is killed unjustly as he was the first to introduce this evil practice. The Messenger (Blessings and peace be upon him) said: "Cain is accountable for every life taken unjustly for he is the one who introduced this evil practice." [Musnad Ahmad, Hadith No.3450]. Unfortunately, this phenomenon has spread throughout our society and even within the family itself.

It is worth noting that this crime is committed for trivial reasons and unrightfully; for money, revenge or honor. Therefore, officials, government and nongovernment bodies must curb this serious phenomenon, deter the offenders, and execute the punishments stipulated by Sharia in this regard to make them an example to others.

Furthermore, there are punishments in Sharia that suffice to deter offenders and murderers; so severe that they would never even think about committing a crime. Allah the Almighty says: "In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves." [Al-Baqarah/179]. Moreover, Narrated Anas (May Allah Be Pleased with him): A girl was found with her head crushed between two stones. She was asked: Who has done this to you? Is it so and so? Is it so and so, until a Jew was named, and she gave a sign with her head. The Jew was caught and he admitted. So the Prophet (Blessings and peace be upon him) gave command that his head should be crushed with stones." [Abu Dawood].

Qisas (The Law of Equality) should be the punishment for whoever commits this heinous crime (murder) for restoring safety and security to our society.

In addition, it is also the duty of the scholars and the intellectuals to help curb this phenomenon. Therefore, religious media should intensify its role in terms of explaining this major sin and the punishment stipulated in Sharia for it.

Finally, the spread of this dangerous phenomena indicates killer`s weakness of belief, even total absence of belief, at the time of committing crime. Narrated Abu Huraira (May Allah Be Pleased with him): The Prophet (Blessings and peace be upon him) said: "The one who commits an illegal sexual intercourse is not a believer at the time of committing illegal sexual intercourse and a thief is not a believer at the time of committing theft and a drinker of alcoholic drink is not a believer at the time of drinking. Yet, (the gate of) repentance is open thereafter." [Al-Bukhari].

All praise is due to Allah, The Lord of the Worlds, and may His blessings and peace be upon our Prophet Mohammad, his household and upon and Companions.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the expiation for perjury?

Perjury is forbidden and one of the major sins that require turning to Allah in repentance, seeking His forgiveness, giving back rights to whom they belong, or seeking their forgiveness, and expiating for that oath.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

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