KITAB ARBA'IN AN-NAWAWI
by: Imam An-Nawawi
The Sanctity of a Muslim's Blood
عَنْ عَبْدِ اللهِ بْنِ مَسْعُودٍ رَضِيَ اللهُ عَنْهُ قَالَ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «لَا يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ، يَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللهُ وَأَنِّي رَسُولُ اللهِ، إِلَّا بِإِحْدَى ثَلَاثٍ: الثَّيِّبُ الزَّانِي، وَالنَّفْسُ بِالنَّفْسِ، وَالتَّارِكُ لِدِينِهِ الْمُفَارِقُ لِلْجَمَاعَةِ»۔
[رَوَاهُ الْبُخَارِيُّ (6878)، وَمُسْلِمٌ (1676)]Translation:
Narrated by Abdullah bin Mas'ud (may Allah be pleased with him): The Messenger of Allah (peace and blessings of Allah be upon him) said: “The blood of a Muslim person who bears witness that there is no god worthy of worship except Allah and that I am the Messenger of Allah is not lawful [to be shed], except in one of three cases: 1. A married adulterer, 2. Life for a life (a person who commits murder), 3. One who turns away from his religion and abandons the community (Jama'ah).” [Reported by Al-Bukhari: 6878 and Muslim: 1676]
Benefits of the Hadith:
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1
The Primary Purpose of Shariah and the Sanctity of Human Life:
• Protection of Blood as a Fundamental Principle: In Islam, the life, property, and honor of a Muslim are declared sacred, to the extent that the sanctity of a believer is greater than that of the Kaaba.
• Preservation of the Objectives of Shariah (Maqasid al-Shariah): The protection of three of the most crucial elements among the five fundamental necessities (Al-Daruriyyat Al-Khamsah)—namely the protection of religion, life, and lineage/honor—forms the core spirit of this Hadith. -
2
Exceptional Circumstances for Capital Retribution:
According to the Hadith, shedding the blood of a Muslim is unlawful under normal circumstances, except in three grave crimes that endanger societal peace:
• Committing adultery despite being married (which destroys the family system and lineage).
• Unlawfully killing someone (for which retribution/Qisas is mandatory to establish justice).
• Leaving the religion of Islam and rebelling against the community (Muslim state). -
3
Implementation of Law and the Scope of Authority:
• Responsibility of the State: The authority to enforce prescribed legal punishments (Hudud), penalties, and retribution (Qisas) belongs solely to the legitimate Islamic government, the judiciary, and authorized state authorities.
• Strict Prohibition of Vigilantism: No common individual or mob is allowed to take the law into their own hands or enforce penalties themselves, as this leads to lawlessness and chaos in society.
• Justice and Equality: Islamic law applies equally to all—whether rich or poor, ruler or subject—leaving no room for favoritism or class distinctions. -
4
Benefit of Doubt and the Importance of Proof:
• Conclusive Proof is Mandatory: Penalties (Hudud) cannot be enforced based merely on allegations, rumors, assumptions, or social media propaganda.
• Strict Evidentiary Standards: Extremely strict conditions are set to prove a crime (such as requiring four upright witnesses to establish the crime of adultery).
• Dismissal of Penalties Due to Doubt: In the presence of doubt or ambiguity, the prescribed legal penalty (Had) is dropped. The fundamental rule regarding Takfir and inflicting punishment is utmost caution and concealing faults. -
5
Social Peace, Unity, and Divine Mercy:
• Collective Peace and Unity: Religion commands us to stay attached to the community (Jama'ah) and avoid sectarian divisions.
• Purpose of Penalties: The purpose of legal punishments (Hudud) is not revenge, but the reformation of society and prevention of crimes.
• Open Door of Forgiveness and Repentance: The core foundation of Islam rests upon mercy, repentance, reform, and pardon; if a sinner repents sincerely, Allah's door of forgiveness remains always open.
