Many people believe it is absolutely Haraam to burn someone alive
with fire due to the narration of Ibn Abbaas (ra) 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 Dua'at/Ulema 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 Dua'at/Ulema).
Islamically speaking, it is Haraam to give a Fatwa (i.e. to declare something is Haraam or Halaal) 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 criticized is indeed upon the haqq and the one criticizing was the one lacking knowledge, being hasty to label others without I'lm. And hence, the criticizer has done nothing but publicly expose his ignorance as well as leading others astray for which he will be questioned on the Day where we will all be accounted for our own sins.
"And if you punish (your enemy, O you believers in the Oneness of Allāh), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sābirin (the patient ones, etc.)." [An-Nahl 16:126]
This Ayah sufficiently demonstrates the Shar’i validity of burning someone alive in a case of Qisaas (retribution). The confusion perpetuated by the hizbiyyin, the palace “scholars,” and the ignorant defeatists, is with regards to the authentic statement of Allah’s Messenger (saws), “None should punish with fire except Allah.” [Sahīh al-Bukhārī]
Islamically speaking, it is Haraam to give a Fatwa (i.e. to declare something is Haraam or Halaal) 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 criticized is indeed upon the haqq and the one criticizing was the one lacking knowledge, being hasty to label others without I'lm. And hence, the criticizer has done nothing but publicly expose his ignorance as well as leading others astray for which he will be questioned on the Day where we will all be accounted for our own sins.
"And if you punish (your enemy, O you believers in the Oneness of Allāh), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sābirin (the patient ones, etc.)." [An-Nahl 16:126]
This Ayah sufficiently demonstrates the Shar’i validity of burning someone alive in a case of Qisaas (retribution). The confusion perpetuated by the hizbiyyin, the palace “scholars,” and the ignorant defeatists, is with regards to the authentic statement of Allah’s Messenger (saws), “None should punish with fire except Allah.” [Sahīh al-Bukhārī]
As a result of their dishonesty in conveying the truth, the deviants concealed the fact that there is a famous exception to this ruling made in the case of Qisaas and maslahah (overwhelming benefit), and that in addition to the aforementioned āyah from Sūrah An-Nahl, the fuqaha’ used as evidence for these exceptions the following āyah from Sūrah Al-Baqarah. "So whoever has assaulted you, then assault him in the same way that he has assaulted you" [Al-Baqarah 2:194].
They further used as evidence the hadīth of the ‘Urani men whose eyes were gouged out by the Prophet (saws) with heated iron [Al-Bukhari and Muslim]. Furthermore, the scholars highlighted the fact that the Sahabah punished people with fire in a number of incidents that took place throughout the course of the history of the rightly-guided Khulafah.
Below are 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 Qisaas and Maslahah.
Some Detailed Proofs:
They further used as evidence the hadīth of the ‘Urani men whose eyes were gouged out by the Prophet (saws) with heated iron [Al-Bukhari and Muslim]. Furthermore, the scholars highlighted the fact that the Sahabah punished people with fire in a number of incidents that took place throughout the course of the history of the rightly-guided Khulafah.
Below are 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 Qisaas and Maslahah.
Some Detailed Proofs:
- In his letter to the Murtadeen of the Arabian Peninsula during the Riddah wars, Abu Bakr threatened to burn them alive if they did not repent from their apostasy. In it he states:
“I have sent you so and so (Khalid Ibn
Waleed) with an army of the Muhaajireen, the Ansar, and their good
followers and I’ve ordered him not to fight anyone or kill anyone until
he calls him to the call of Allah.
Whoever answers him, accepts the truth, halts his evil and does good, my envoy will accept this from him and will aid him in it. If he refuses, I’ve ordered him to wage war against them over such, to not spare anyone he is able to kill, to burn them alive with fire, to kill them in a severe manner using all means, to enslave their women and children, and to not accept from any one of them anything but Islam.”
[Taareekh At-Tabaree: Al-Bidaayah Wan-Nihaayah]
Whoever answers him, accepts the truth, halts his evil and does good, my envoy will accept this from him and will aid him in it. If he refuses, I’ve ordered him to wage war against them over such, to not spare anyone he is able to kill, to burn them alive with fire, to kill them in a severe manner using all means, to enslave their women and children, and to not accept from any one of them anything but Islam.”
[Taareekh At-Tabaree: Al-Bidaayah Wan-Nihaayah]
Note: This was done by the best of all men after the
Prophets, and it was carried out after the death of the Messenger
(saws), so this cancels out the possibility of this being abrogated by
the Hadith. And indeed such an order by Abu Bakr was given to an entire army of Muhajareen, Ansar and Taabi’een, and not a single objected to this order.
- During his Khilaafah, Abu Bakr (ra) gathered a number of his advisors from amongst the Sahaabah and consulted them about the case of a man found guilty of committing sodomy. The one who had the most severe position was ‘Ali Ibn Abi Taalib (ra) who said:
“This is a sin that no nation had committed before except for one nation, and you know how Allah dealt with them. I view that we should burn him alive.”
- During his Khilaafah, Abu Bakr (ra) gathered a number of his advisors from amongst the Sahaabah and consulted them about the case of a man found guilty of committing sodomy. The one who had the most severe position was ‘Ali Ibn Abi Taalib (ra) who said:
“This is a sin that no nation had committed before except for one nation, and you know how Allah dealt with them. I view that we should burn him alive.”
So the Sahaabah agreed with his position, and Abu Bakr (ra) wrote to Khalid (ra) ordering him to burn the man alive.
[Al-Bayhaqi]
Note: On this occasion, the sahaabah as a whole agreed with the actions of ‘Ali Ibn Abi Taalib (ra), including Abu Bakr’s (ra) advisors in his shoorah council. Again, showing that the sahaabah didn’t view it as completely Haraam to burn with fire, but in fact viewed it permissible for maslahah. And this is also the position held by the Hanafis and Shaafi’ees.
- During the Riddah wars, a man named Al-Fujaa’ah came to Abu Bakr (ra) claiming to be a Muslim, and asked Abu Bakr (ra) to prepare an army for him to lead in the fighting against the Murtadeen. Abu Bakr (ra) did so, and the man wound up killing and robbing anyone he came across, including Muslims.
When this reached Abu Bakr (ra), he sent an army to detain him. He was brought back, and Abu Bakr (ra) ordered that he be taken to the area of Al-Baqi’ (next to masjid An-Nabawi) and burned alive.
[Al-Bidaayah Wan-Nihaayah, by Ibn Katheer]
- During the Riddah wars, when Khalid Bin Waleed (ra) defeated Tulayhah Al-Asadi in the battle of Buzaakhah, Abu Bakr (ra) wrote to him ordering him not to b lenient and to make an example out of anyone he captured from amongst the Kuffaar who had killed Muslims.
So Khalid Bin Waleed (ra) remained in Buzaakhah for a month hunting down the Murtadeen and taking revenge for the Muslims who had been killed.
Some of the Murtadeen he would burn alive, others he would stone to death, and others he would throw off the tops of mountains.
[Al-Bidaayah Wan-Nihaayah, by Ibn Katheer]
- Abu Musa Al-Ash’ari (ra) reported that the Prophet (saws) sent both him and Mu’aadh Ibn Jabal (ra) to Yemen, and instructed them to teach the people the Quraan. Mu’aadh (ra) came one day to visit Abu Musa (ra) and found with him a man who was chained up, so he said, “O my brother, were we sent to punish the people or were we sent to teach them and order them with what would benefit them?”
So Abu Musa (ra) said, “He embraced Islam and then disbelieved.”
So Mu’aadh (ra) said, “By He who sent Muhammad with the truth, I will not leave until I burn him with fire.”
So Abu Musa (ra) said, “We still have some unfinished business with him.”
So Mu’aadh (ra) said, “By Allah, I will never leave!”
Then some firewood was brought and a fire was lit, and he threw him in.
[Al-Mu’jam Al-Kabeer – At-Tabarani]
- Ibn Rushd said:
“The proscription of mutilating the bodies of the enemy is fully established. The Muslim jurists (fuqahaa) agreed on the permissibility of slaying them with weapons, but disagreed about burning them with fire.
A group of jurists disallowed burning them with fire or even attacking them with it, and this is the opinion of ‘Umar (ra) and is also narrated from Maalik.
Sufyaan Ath-Thawri (ra) permitted this, while some of them said, ‘If the enemy initiates this then it is permitted, otherwise not.’ “
[Bidaayat Al-Mujtahid, by Ibn Rushd. Book of Jihad, chapter, “Identification Of The Harm Permitted To Be Inflicted Upon The Enemy”]
IMPORTANT NOTE:
While some of the above Narrations could have some in-authenticity in them, however it's important to understand again that the Majority of Scholars made an exception in the case of burning with fire by way of retaliatory punishment (Qisaas) and making the punishment fit the crime. If someone burns another person then it is permissible, according to this view, to punish him by burning him, by way of retaliatory punishment.
The basic principle says that acting upon two sound texts that have not been abrogated is better than overlooking one of them.
Therefore the Majority of Fuqaha’ think that it is permissible to burn with fire by way of retaliatory punishment.
Ibn Mulaqqin said: "One group of scholars said: Whoever burns is to be burnt. This is also the view of Maalik, the scholars of Madinah, ash-Shaafa‘i and his companions, Ahmad and Ishaaq." [at-Tawdeeh li Sharh al-Jaami‘ as-Saheeh (18/61)]
[Al-Bayhaqi]
Note: On this occasion, the sahaabah as a whole agreed with the actions of ‘Ali Ibn Abi Taalib (ra), including Abu Bakr’s (ra) advisors in his shoorah council. Again, showing that the sahaabah didn’t view it as completely Haraam to burn with fire, but in fact viewed it permissible for maslahah. And this is also the position held by the Hanafis and Shaafi’ees.
- During the Riddah wars, a man named Al-Fujaa’ah came to Abu Bakr (ra) claiming to be a Muslim, and asked Abu Bakr (ra) to prepare an army for him to lead in the fighting against the Murtadeen. Abu Bakr (ra) did so, and the man wound up killing and robbing anyone he came across, including Muslims.
When this reached Abu Bakr (ra), he sent an army to detain him. He was brought back, and Abu Bakr (ra) ordered that he be taken to the area of Al-Baqi’ (next to masjid An-Nabawi) and burned alive.
[Al-Bidaayah Wan-Nihaayah, by Ibn Katheer]
- During the Riddah wars, when Khalid Bin Waleed (ra) defeated Tulayhah Al-Asadi in the battle of Buzaakhah, Abu Bakr (ra) wrote to him ordering him not to b lenient and to make an example out of anyone he captured from amongst the Kuffaar who had killed Muslims.
So Khalid Bin Waleed (ra) remained in Buzaakhah for a month hunting down the Murtadeen and taking revenge for the Muslims who had been killed.
Some of the Murtadeen he would burn alive, others he would stone to death, and others he would throw off the tops of mountains.
[Al-Bidaayah Wan-Nihaayah, by Ibn Katheer]
- Abu Musa Al-Ash’ari (ra) reported that the Prophet (saws) sent both him and Mu’aadh Ibn Jabal (ra) to Yemen, and instructed them to teach the people the Quraan. Mu’aadh (ra) came one day to visit Abu Musa (ra) and found with him a man who was chained up, so he said, “O my brother, were we sent to punish the people or were we sent to teach them and order them with what would benefit them?”
So Abu Musa (ra) said, “He embraced Islam and then disbelieved.”
So Mu’aadh (ra) said, “By He who sent Muhammad with the truth, I will not leave until I burn him with fire.”
So Abu Musa (ra) said, “We still have some unfinished business with him.”
So Mu’aadh (ra) said, “By Allah, I will never leave!”
Then some firewood was brought and a fire was lit, and he threw him in.
[Al-Mu’jam Al-Kabeer – At-Tabarani]
- Ibn Rushd said:
“The proscription of mutilating the bodies of the enemy is fully established. The Muslim jurists (fuqahaa) agreed on the permissibility of slaying them with weapons, but disagreed about burning them with fire.
A group of jurists disallowed burning them with fire or even attacking them with it, and this is the opinion of ‘Umar (ra) and is also narrated from Maalik.
Sufyaan Ath-Thawri (ra) permitted this, while some of them said, ‘If the enemy initiates this then it is permitted, otherwise not.’ “
[Bidaayat Al-Mujtahid, by Ibn Rushd. Book of Jihad, chapter, “Identification Of The Harm Permitted To Be Inflicted Upon The Enemy”]
IMPORTANT NOTE:
While some of the above Narrations could have some in-authenticity in them, however it's important to understand again that the Majority of Scholars made an exception in the case of burning with fire by way of retaliatory punishment (Qisaas) and making the punishment fit the crime. If someone burns another person then it is permissible, according to this view, to punish him by burning him, by way of retaliatory punishment.
The basic principle says that acting upon two sound texts that have not been abrogated is better than overlooking one of them.
Therefore the Majority of Fuqaha’ think that it is permissible to burn with fire by way of retaliatory punishment.
Ibn Mulaqqin said: "One group of scholars said: Whoever burns is to be burnt. This is also the view of Maalik, the scholars of Madinah, ash-Shaafa‘i and his companions, Ahmad and Ishaaq." [at-Tawdeeh li Sharh al-Jaami‘ as-Saheeh (18/61)]
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