Burning Someone Alive With Fire, Part 1

Many people believe it is absolutely haraam to burn someone alive with fire due to the narration of Ibn Abbaas found in Bukhari. However just because a narration is found in Bukhari, it does not mean that we should not look elsewhere for further narrations on the topic, narrations which may restrict the meaning, or give exceptions to the rule.

There are many narrations which the Da’ees either hide away from the people (acting as the Jewish Rabbis did to their followers – hiding part of the scripture), or are in fact themselves unaware of (in which case they are not fit to be Da’ees).

Islamically speaking, it is haram to give a fatwa (i.e. to declare something is haram or halal) without sound knowledge on the topic. Furthermore, before declaring your brothers as ignorant or extreme, we must clarify with them the reasons for their actions (which we believe are erroneous), as many times the one who got criticised is indeed upon the haqq and the one criticising was the one lacking knowledge, being hasty to label others without ilm. And hence, the criticiser has done nothing but publicly expose his ignorance as well as leading others astray for which he will be queationed on the day where we will all be accounted for our own sins.

In the upcoming posts I will present the proofs to show the permissibility of burning someone alive with fire, through authentic sources. Narrations which clearly show that the prohibition is not an absolute one, but is in fact exempted in the case of Qisas and Maslahah.

NOTE: This is just an academic study on the fiqh ruling. Please stay on topic when commenting on this and the upcoming posts, jazaakAllaahu khairan.


5 Responses to “Burning Someone Alive With Fire, Part 1”

  1. As with any topic in fiqh, those who given a Fatwaa based on the Hadith of Al-Bukhaari have adhered to a view which has been upheld by a group of scholars since long. Thus, while I would agree that bashing another for holding a view contrary to ones, I would disagree to say they have spoken without knowledge. Perhaps this would help http://uqu.edu.sa/page/ar/111364

    • 1, If two fatwas are contradictory to each other then we follow the fatwa which cites all the evidences, as the scholars of Usool Al-Fiqh have mentioned that to use all the evidences is better than using some and ignoring the rest.

      So it is impermissible to cling onto a fatwa which does not look at all the evidences, and/or does not provide knowledge based responses to the narrations it is contradicting.

      2, Imaam Ash-Shaafi’ee said, “When the Sunnah becomes clear to a person, it is impermissible to abandon it for the view of anyone.”

      So again, from this angle aswell, its impermissible to cling to a fatwa while a contrary fatwa cites more evidences to uphold its view.

      3, If ones wishes to, one can find a fatwa backing any opinion out there. The books which speak of the evolution of Madhhabs are filled with odd fatwas and fatwas which do not consider all the evidences.

      For example, Sufyaam Ath-Thawree was of the opinion that drinking a small amount of alcohol was permissible if it does not get you drunk.

      The Hanafis view it permissible to take riba from a kaafir.

      So one can cite fatwas to prove any opinion if one wishes. What counts is which opinion cites the evidences. For indeed a fatwa is given weight by the evidences not the number of people who follow it.

    • 4, When a scholar gives a fatwa which contradicts authentic narrations, he is rewarded for his ijtihaad, however when a layman speaks saying this or that is haram (and not even citing the evidence for the other opinion, speaking as if there is only one verdict on the issue), then he is sinning, as he is speaking without ilm.

      5, The Salaf have clearly mentioned that even if the whole world was to go down one path, but if a narration was going down another path, you should follow the narrations (I’m sure I dont need to being quotes for this as we all have read such quotes). And history has recorded many top scholars making erroneous fatwas, as cited above in point #3.

      6, The evidences I will quote will be from the companions, such as Abu Bakr, Ali Ibn Abee Taalib, Mu’adh Ibn Jabal, Khalid Bin Waleed, actions which were witnessed by entire armies of Muslims. As well as quoting An-Nawawi. So this is something which only a ignoramus can ignore.

      And for the self proclaimed Da’ees to ignore something with so much evidence behind it is just a sign of a lack of sincerity to teach the people the deen. Either this or being afraid of the consequences of speaking the haqq, but few are the scholars who speak the haqq, and the story of Imam Ahmad Ibn Hanbal during his trial of the creation of the Quraan is a testimony to that.

      May Allaah have Mercy upon those who speak the haqq not fearing the blame of the blamers, ameen.

    • 7, As I stated in the post, the general default ruling is that it is haram, however this ruling has exceptions, just as a lot of fiqh rulings. And the exceptions to rules are not always stated by the scholars, mainly due to exceptions being due to the same few factors.

      So bringing a quote from a scholar saying its haram, and using this as evidence to (a) ignore the other narrations (which show the sahaabah did it), and (b) to try and show that there is no exception to the ruling, is as ignorant as me bringing a quote of a scholar saying that standing up in salah is compulsory, and using this stand alone quote to try and say that it is never permissible to sit down and pray, even as an exception.

      Indeed you can find many, literally hundreds of quotes from scholars where they state a ruling without stating the exceptions.

      8, There are many cases where a stand alone quote can be ignored, for example if I quote a statement of Shawkani from “Nail Al-Awtar”, then this can easily be trickery, as he could have a contrary opinion in his later book “Sail Al-Awtar”. Point being, there are many reasons which can cancel out a quote of a scholar. But the above 7 points are satisfactory enough for any sincere knowledge seeker inshaaAllaah.

  2. Hmmm…well forget the comment I left in Part 2 of your series as I read this after that comment. I now see where you are coming from.

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