3

I have read on a offical islamic fatwa site that parents who kill their child cannot be killed in retaliation for this, but the hadiths are all daif.

http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&lang=E&Id=138307

http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=200403

And in the classic manual of Islamic law, Umdat as-Salik wa ‘Uddat an-Nasik, we read:

Qisas is obligatory on whoever kills a person purely intentionally and aggressively (that is, not in self-defense). But qisas is not applicable on children or the insane under any circumstances, nor is it applicable on a Muslim for killing a kafir, nor on a free man for killing a slave, nor on a dhimmi for killing an apostate, nor on a father or a mother (or their fathers or mothers) for killing their child, or their child’s children.

Narrated Suraqah bin Malik bin [Ju'shum]: "The Messenger of Allah (ﷺ) judged that the son is to suffer retaliation for [killing] his father, but the father is not to suffer retaliation for [killing] his son."

Grade : Da'if (Darussalam)
Reference : Jami` at-Tirmidhi 1399 In-book reference : Book 16, Hadith 15 English translation : Vol. 1, Book 14, Hadith 1399

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said: “A father should not be killed for his son.”

Grade : Da'if (Darussalam)
English reference : Vol. 3, Book 21, Hadith 2661 Arabic reference : Book 21, Hadith 2763

Narrated Ibn 'Abbas: that the Prophet (ﷺ) said: 'The Hudud are not carried in the Masjid, and the father is not killed for the son."

Grade : Da'if (Darussalam)
Reference : Jami` at-Tirmidhi 1401 In-book reference : Book 16, Hadith 17 English translation : Vol. 3, Book 14, Hadith 1401

But these hadiths (although numerous) are all weak so why do they abide by this ruling? Is a mistake, please clarify the matter?

  • 1
    "But these hadiths (although numerous) are all weak so why do they abide by this ruling?" Just a guess, so not posting it as an answer: there's the principle "ward off the hudud with any ambiguity", so even if the ahadith here are daif, they would throw doubt on the question of whether qisas is obligatory. – G. Bach Dec 19 '16 at 11:52
  • The first fatwa appears to have been removed – Faissaloo Oct 29 at 23:14
  • 1
    I think you should ask them that – Yusha Oct 30 at 1:19

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.