Killed someone 40 years ago, the murderer is a refined muslim now. What would be the punishment in Islamic laws?

Question

A current internationally famous Mufassir-E-Quran had been proved as a murderer and a 'Rajakar'^[*1] recently. The murder was committed about 40 years ago during liberation war of Bangladesh.(Though the evidences are quite questionable, could easily be considered as a Political Conspiracy. However, that is not my question.)

Many people had become Muslim through his lecture. Many Muslims corrected themselves from miss-concepts. That person was sentenced to death by the war-crimes-tribunal formed recently.

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My question is:

What would be the punishment for such a person in Islamic laws?

Does human have the right to punish a person who probably already been forgiven by Allah? (about being forgiven, it's only an assumption as he is a very pious man.)

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^{[*1] : Both Bangladesh_{(the-then East Pakistan)} and Pakistan_{(the-then West Pakistan)} are Muslim countries. Many Bangladeshi Muslims didn't support the separation and thought their Islamic duty as to oppose the separation. Those people are called "Rajakar" and are hated by the people of Bangladesh.}

Answer 1

Since he was Muslim all the time he is subject to the procedure in place in Islam for such cases as described in Quran and Sunnah. The need for hard evidence and pure/proper witness is extremely important before taking any action. Any action taken must come from an islamic judge (which are kind of hard to find these days!)...

As for "pious person" etc.:

Noone stands above the law of Allah. There is a sahih Hadith where Prophet (PBUH+SAW) says that he would himself cut the hand of Fatima (R.A. / his daughter) if she did steal... see in Sahih Bukhari (it is also contained in Sahih Muslim as No. 4188).

Allah knows best.

Answer 2

The Islamic punishment for murder is death, of course, unless the family of the victim forgives the murderer. Having said that I would also like to add that the murder should have been committed while the Islamic shareeah was in full force at the time and place of the murder.

For example, we do not have Islamic laws in place anywhere in the world today (except perhaps Saudi Arabia). This does not allow us to arbitrarily go around dispensing justice. (When I say "us," I obviously mean qualified Islamic scholars.) It's not that we consider the prevailing laws of the land to be superior or even equal to those of Islam; it's just that the hudood punishments should go into effect only when the entire force of an Islamic authority bears down upon the law and order situation in the country in question and the murderer commits the crime in spite of that.

This is my opinion and I am no scholar.

Answer 3

Under Qisas, the punishment for murder is death. During the Prophet's time, some of the Prophet's Companions also took and paid "blood money" (Diyya) for unlawful killings, which includes unlawful killing during war.

O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. (2:178)

If he was truly a good man, then the victim's family would forgive him. If they do not, then they have the right to request capital punishment upon the murderer. Qisas is not really a matter of society punishing murder to discourage it, but it's more that the aggrieved parties have a right to demand vengeance. All the good in the world does not override the right of the victim's families to demand his death.

If he has truly been forgiven by Allah and done a lot of good in his life, then he should have nothing to worry about death. Allah will dispense proper justice, whether in reward or punishment upon him.