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.



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?

  • "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

What you want to believe on this is up to you.

First, I suggest that you ignore the number of these hadiths. They are all weak, and this comes before their number. Just as if I say 10000 times that cigarettes do not cause cancer, without any medical evidence each time, it has no more value than saying it once.

I do not know the quran or the hadiths well enough to counter yours (yet?). However, consider this. The society is harder on a child than his parents. Parents more than anyone else are supposed to love their children. If someone does something so evil that his/her loving parents want to murder him/her, then the entire society, whether a law forbids the specific evil act or not, will judge that he/she deserves the death penalty.

Killing your own child is probably the most counter natural crime there is. It goes against everything you naturally feel for your children. If some parents want to do it while the child is not condemned by the society or/and the law, then the parents are probably mad. Since they are also quite dangerous, I would be wise to have them at least locked up. This goes in the same way than the first hadith you mentioned (the part saying the insane are not responsible for their acts).

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    I don't see how this answer is relevant to fiqh. – G. Bach Dec 17 '16 at 0:52
  • Because its about Sharia Law maybe?! Rulings jurisprudence?! – aisha Dec 17 '16 at 15:33

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