مذہب کے نام پر ماورائے عدالت قتل فقہ اسلامی کی روشنی میں تحقیقی مطالعہ

Extrajudicial Killings on Religious Grounds: An analytical Study in Islamic Law

Abstract

Islam is a religion of stability and moderation, firmly opposing all forms of extremism, even when committed in the name of religion. Extremism opens the door to societal unrest and criminal behavior; therefore, Islamic law prescribes punishments for certain crimes to maintain social order and peace. Among the most severe of these crimes is the act of blasphemy against Islamic teachings or the Prophet Muhammad (ﷺ), for which the punishment under Islamic jurisprudence is death, regardless of whether the offender is Muslim or non-Muslim.A Muslim who commits this act is considered an apostate and, according to Islamic law, subject to the capital punishment of hadd, which is fixed and non-negotiable. Similarly, a non-Muslim resident (dhimmi) of an Islamic state forfeits the protections of the dhimma contract upon committing blasphemy, rendering both Muslim and non-Muslim offenders mubah- ul-dam (liable to be killed under law). This position aligns with the consensus (ijma) of classical Islamic jurists. It is also reflected in Pakistan’s legal code, particularly Section 295-C of the Pakistan Penal Code. However, Islamic jurisprudence unequivocally delegates the authority of implementing such punishments exclusively to the state or ruling authority (imam), not to individuals or vigilante actors. The four major Sunni schools of thought (Hanafi, Maliki, Shafi'i, and Hanbali) emphasize this principle. Nevertheless, the issue of killing a blasphemer has been treated separately by classical jurists due to the blasphemer’s mubah-ul-dam status, which is not present in other types of murder. If an individual commits iftiyat (usurping the ruler’s right to enforce hudud by killing someone ) and successfully proves in court that the deceased was indeed guilty of blasphemy, the killer will not face the death penalty, as the victim was lawfully killable. However, due to the unauthorized execution of justice, the killer may still face disciplinary punishment. Conversely, if the court does not confirm the blasphemy charge according to due legal procedure, the killer shall be deemed guilty of intentional murder of a believer and sentenced to death, along with possible additional penalties for causing societal disorder (fasad -fil-ardh).