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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

Which is better during the day in Ramadan: reciting the Quran or performing voluntary prayers?

A Muslim should establish a daily schedule for reciting the Quran in Ramadan.
Once they have completed their daily portion (known as a wird or hizb), they can engage in other acts of worship, including voluntary prayers (nawafil). Prayer itself is called "Quran", because a significant part of it involves reciting the Quran.
Allah says: "BE CONSTANT in [thy] prayer from the time when the sun has passed its zenith till the darkness of night, and [be ever mindful of its] recitation at dawn: for, behold, the recitation [of prayer] at dawn is indeed witnessed [by all that is holy]." [Al-Isra`/78]

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)
Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

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