I never came across this before. I read through it however I have a few questions.
1 - What is the classification of these reports i.e. daeef, gharib even though they are in Sahih Bukhari etc. We know that certain reports even in the Sahih are disputed.
2 - It is not a Sunnah from what I can see i.e. not reported through a chain of narration from the Prophet SAW.
3 - I can’t validate it against a Quranic ayah. Any particular reference from Quran would be helpful where it does not generalize.
4 - All the reports from the Prophet SAW are using Human not Muslim as a word unless the Arabic term being used there is intended for muslims only.
Br. Can you comment on these questions please? It would clarify my understanding of this subject.
1 - What is the classification of these reports i.e. daeef, gharib even though they are in Sahih Bukhari etc. We know that certain reports even in the Sahih are disputed.
2 - It is not a Sunnah from what I can see i.e. not reported through a chain of narration from the Prophet SAW.
3 - I can't validate it against a Quranic ayah. Any particular reference from Quran would be helpful where it does not generalize.
4 - All the reports from the Prophet SAW are using Human not Muslim as a word unless the Arabic term being used there is intended for muslims only.
Br. Can you comment on these questions please? It would clarify my understanding of this subject.
For further clarification you should refer your questions to a trusted scholar.
As for the Ayaat on murder and diya you can look at Surah Nisa Ayah 92.
And Qisas is mentioned in Surah Baqarah Ayah 178, and also in Surah Maidah Ayah 45.
Inshallah! I will check it out. I do not want to give out wrong information here. JustaHumane I stand corrected on this issue for now till I have further explanation.
I checked out this report and finally found something in Fiqh us Sunnah however not in the English translation so I have to get an understanding of it from the Arabic version. Stay tuned.
Ok. I am back. This is the most conrete evidence I have been able to find yet:
From Surah Nisa
*92. **It is not for a believer to kill a believer except (that it be) by mistake, and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e *Diya) be given to the deceased's family, unless they remit it. If the deceased belonged to a people at war with you and he was a believer; the freeing of a believing slave (is prescribed), and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money - Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from All⨮ And All⨠is Ever All?Knowing, All?Wise.
**93. **And whoever kills a believer intentionally, his recompense is Hell to abide therein, and the Wrath and the Curse of All⨠are upon him, and a great punishment is prepared for him.
I think it is quite clear that the case mentioned before falls under the category where this happened by mistake. So if a believer killed a non-believer by mistake then pay Diya. I still have not found evidence where it would suggest that if a believer kills a non-believer intentionally (and not in a war situation) that he can walk by just paying the Diya.