Murder (Qatl) - Definition, Etymology, and Legal Frameworks in Islam
Etymology
The term “Murder” in Arabic is “Qatl” (قتل), pronounced qa-til. Etymologically, the word “qatl” stems from the verb root “Q-T-L,” which directly translates to “killing” or “slaying.”
| Language | Term | Pronunciation |
|---|---|---|
| Arabic | قتل (Qatl) | qa-til |
| Turkish | Cinayet | jinayet |
Types of Murder in Islamic Jurisprudence
Islamic law classifies homicide or murder into five primary categories, each with distinct legal and moral implications:
1. Qatlu ’l-ʿAmd (Wilful Murder)
Definition: Wilful murder is characterized by intentional killing with a weapon or any instrument that can act as a weapon, such as a club, sharp stone, or fire.
Qur’anic References:
- Surah 4:95: “Whosoever slayeth a believer purposely, his reward is hell.”
- Surah 2:173: “It is incumbent on you to execute retaliation (Qiṣāṣ) for murder.”
Legal Implications:
- The murderer is considered a sinner deserving of hell.
- He is liable to retaliation (Qiṣāṣ), though the victim’s kin can forgive or compound the offence.
Key Jurisprudential Opinions:
- Abū Ḥanīfah: No expiation for wilful murder.
- Ash-Shāfiʿī: Expiation is incumbent as an act of piety.
2. Qatl shibhu ’l-ʿAmd (Manslaughter)
Definition: “A semblance of wilful murder” where the perpetrator kills with something that is not a weapon.
Legal Implications:
- Sinful act requiring expiation.
- Excludes the manslayer from inheriting the slain’s property.
3. Qatlu ’l-Khatā (Homicide by Misadventure)
Definition: Homicide that occurs either due to error in intention or error in the act.
Example: Shooting an arrow at a target that accidentally hits a person.
Legal Implications:
- Requires freeing a Muslim slave, or fasting for two months.
- Excludes the perpetrator from inheritance of the victim.
4. Qatl qāʾim maqāma ’l-Khatā (Similar Nature to Homicide by Misadventure)
Definition: Examples include unintentionally killing someone while sleepwalking.
Legal Implications: Same as those for homicide by misadventure.
5. Qatl bi-Sabab (Homicide by Intermediate Cause)
Definition: Indirect causation of death, such as someone falling into a well dug by another.
Legal Implications:
- Requires a fine.
- Does not exclude the perpetrator from inheritance.
Comparative Aspects
- Islamic Law vs. Jewish Law: Retaliation (Qiṣāṣ) is a choice in Islam, whereas it was compulsory in Jewish Law.
- Islamic Law vs. Christian Doctrine: Christians are enjoined to forgive the murderer.
Recommended Books for Further Study
- “The Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali.
- “Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari’a” by Jonathan G. Burns.
- “Human Rights and Islamic Law” by Abdullah Saeed.
Key Takeaways
- Murder (Qatl) in Islam has complex categorizations, each with specific legal and moral implications.
- Islamic jurisprudence offers flexibility in dealing with murder cases, allowing for both retaliation and forgiveness.
- Different schools of thought within Islam have varying opinions on expiatory practices and penalties.
Conclusion
Understanding the concept of murder (Qatl) in Islamic law offers a window into the nuanced and comprehensive nature of Islamic jurisprudence. It highlights the balances in Islamic legal theory between justice and forgiveness, individual responsibility, and communal rights.
