[zueqhbyhp]

As-salamu alaykum.

I came across a Hadith and have some questions about it. Here is the English text of the Hadith:

[Sahih Bukhari] Volume 9, Book 83, Number 50:

Narrated 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 Book which 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)." From my reading of this Hadith and based on my (lack of) knowledge, this would seem to indicate that under Islamic rule, a Muslim cannot be punished equally for killing a non-Muslim. In other words, this would mean that a Muslim cannot be put to death for killing a non-Muslim. Is this the correct meaning to be derived from this Hadith?

JazakAllahu Khayran for all of your help.

[movlabs]

This Hadith-sherif is one which is constantly used by orientalists inorder to spread fitna and raise doubt and suspicison amongst the muslims..
i am also looking forward to the answer.

[euylvaygdq]

This is a question for a seasoned scholar. So you better post it in http://www.askimam.org/ or http://daruliftaa.net/

[foI3fKWv]

As-salamu alaykum.

I came across a Hadith and have some questions about it. Here is the English text of the Hadith:

From my reading of this Hadith and based on my (lack of) knowledge, this would seem to indicate that under Islamic rule, a Muslim cannot be punished equally for killing a non-Muslim. In other words, this would mean that a Muslim cannot be put to death for killing a non-Muslim. Is this the correct meaning to be derived from this Hadith?

JazakAllah Khayran for all of your help.

Basically,

For kafir harbi fi'lan (ie kafir individual or nation who are in war with muslim nation), there is no punishment for killing them. Their blood is halal for muslim (and also halal for non muslim to kill them)
For harbi hukman (ie kafir individual or nation who has no peace agreement/contract with muslim nation and also do not wage war with muslim nation), the penalty for a muslim who kill them is NOT death, but only half of the diyat of killing a muslim.
For kafir mu'ahid (including kafir nation that has a peace agreement with muslim nation) & dzimmi (kafir individual or nation that live in an Islamic state and pay jizyah), they have the same rights on this jinayat as for muslim... ie qisas applies to them.

wallaahu a'lam.

addendum:
kafir musta'min (kafir who is given permission to enter an Islamic state / daulah and stay for a certain period and protection given to him/her)... their life, property and honour are protected and haram for anyone to injure or kill them. Their position is the same as kafir dzimmi... qisas applies to them.

[zueqhbyhp]

^Thank you for this reply.

This Hadith-sherif is one which is constantly used by orientalists inorder to spread fitna and raise doubt and suspicison amongst the muslims..

In light of this, do you have a source for the information you've provided in your reply, silat? Thank you for your help.

[risyGreeple]

Basically,

For kafir harbi fi'lan (ie kafir individual or nation who are in war with muslim nation), there is no punishment for killing them. Their blood is halal for muslim (and also halal for non muslim to kill them)
For harbi hukman (ie kafir individual or nation who has no peace agreement/contract with muslim nation and also do not wage war with muslim nation), the penalty for a muslim who kill them is NOT death, but only half of the diyat of killing a muslim.
For kafir mu'ahid (including kafir nation that has a peace agreement with muslim nation) & dzimmi (kafir individual or nation that live in an Islamic state and pay jizyah), they have the same rights on this jinayat as for muslim... ie qisas applies to them.

wallaahu a'lam.

addendum:
kafir musta'min (kafir who is given permission to enter an Islamic state / daulah and stay for a certain period and protection given to him/her)... their life, property and honour are protected and haram for anyone to injure or kill them. Their position is the same as kafir dzimmi... qisas applies to them.

Where did you get these rulings from? Can you please tell me the name of the book or a website?

[foI3fKWv]

^Thank you for this reply.

In light of this, do you have a source for the information you've provided in your reply, silat? Thank you for your help.

Where did you get these rulings from? Can you please tell me the name of the book or a website?

Nidzamul Uqubat Fil Islam - Abdurrahman al-Maliki

wallaahu a'lam.

[risyGreeple]

Nidzamul Uqubat Fil Islam - Abdurrahman al-Maliki

wallaahu a'lam.

JazakAllah khairah! Can you possibly share the pdf version of this book if there's any?

[foI3fKWv]

try uncle google... 8^)