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Friday, April 29, 2011

Is it permissible for him to kill practitioners of witchcraft without the permission of the authorities?

 

 

Is it permissible for him to kill practitioners of witchcraft without the permission of the authorities?
Witchcraft is widespread in our land and they annoy and harm the people. Is it permissible to kill them so that the people will be spared their evil? 


Please note that our government allows them to work and takes taxes from them.

 

Praise be to Allaah.

Firstly: 

If it is
proven that a person is doing witchcraft then it is obligatory to kill him
because of his evil and the harm that he is doing to people. This has been
explained in the answer to question no.
13941

What is
required of those whom Allaah has placed in authority over people is to rule
them in accordance with that which Allaah has revealed. Allaah says
(interpretation of the meaning): 

“And so
judge (you O Muhammad) among them by what Allaah has revealed and follow not
their vain desires”

[al-Maa’idah 5:49] 

“And
whosoever does not judge by what Allaah has revealed, such are the Kaafiroon
(i.e. disbelievers — of a lesser degree as they do not act on Allaah’s
Laws)”

[al-Maa'idah 5:44] 

“And
whosoever does not judge by that which Allaah has revealed, such are the
Zaalimoon (polytheists and wrongdoers — of a lesser degree)”

[al-Maa’idah 5:45] 

“And
whosoever does not judge by what Allaah has revealed (then) such (people)
are the Faasiqoon [the rebellious i.e. disobedient (of a lesser degree)] to
Allaah”

[al-Maa'idah 5:47] 

It is not
permissible at all to annul a punishment prescribed in sharee’ah. Even worse
and more abhorrent than that is approving of the haraam deed and allowing
the practitioner of witchcraft to work his magic in return for paying
taxes. 

This is a
betrayal of trust which the ruler will be asked about on the Day of
Resurrection, the Day on which he will bite his hand in regret, but it will
be to no avail. Allaah says (interpretation of the meaning): 

“And
(remember) the Day when the Zaalim (wrongdoer, oppressor, polytheist) will
bite at his hands, he will say: ‘Oh! Would that I had taken a path with the
Messenger (Muhammad).

28. ‘Ah!
Woe to me! Would that I had never taken so‑and‑so as a Khaleel (an intimate
friend)!

29. “He
indeed led me astray from the Reminder (this Qur’aan) after it had come to
me. And Shaytaan (Satan) is to man ever a deserter in the hour of need.’”

[al-Furqaan 25:27-29] 

Secondly: 

If the ruler
does not do what is required of him of carrying out punishments prescribed
in sharee’ah, then no one of the Muslim masses has the right to do that,
because punishments first require proof that this person deserves this
punishment, then they require the authority to carry them out. 

If the door
is opened for people to carry out the shar’i punishments, chaos will reign
in society and no one’s life or wealth will be safe. 

The scholars
of the Standing Committee said:  

The one
whose job it is to establish proof of witchcraft and carry out those
punishments is the ruler who is in charge of the Muslims’ affairs, so as to
ward off evil and to close the door to chaos. 

Fataawa
al-Lajnah al-Daa’imah (1/552).
we have quoted the words of Shaykh Sulaymaan al-‘Alwaan:  

Once it is
proven that a person is guilty of practicing magic, then he must be killed.
This was proven from a group of the Sahaabah, but it is not for individuals
to carry out this hadd punishment without the command of the ruler or his
deputy, because carrying out the hadd punishments without the authority of
the ruler may lead to mischief, and destroy any sense of security in the
society, and undermine the position of the ruler. End quote. 

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