people. Is it permissible to kill them so that the people will be
spared their evil?
Please note that our government allows themto 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 hasbeen 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 Allaahhas 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,
suchare the Zaalimoon (polytheists and wrongdoers -- of a lesser
degree)"
[al-Maa'idah 5:45]
"And whosoever does not judge by what Allaahhas 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 allto 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. Allaahsays (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 theruler who is in charge ofthe Muslims' affairs,
so asto ward off evil and to close the door to chaos.
Fataawa al-Lajnah al-Daa'imah (1/552).
In the answer to question no. 13941 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 ofthe ruler or his deputy, because carrying out thehadd
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.
We have mentioned the conditions of the ruler incarrying out hadd
punishments in the answer to question no. 8980 , where we mentioned
that there is scholarly consensus on this point.
You have to warn the people against this practitioner of witchcraft
and against going to him, and explain that this action may lead a
person to kufr and going beyond the pale of Islam.
And Allaah knows best.
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And Allah Knows the Best!
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Published by :->
M NajimudeeN Bsc- INDIA
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