This is an extract, with some abridgement, from the book, “With Which Religion and Intellect are Suicide Bombings and Destruction Considered Jihad?” by the senior contemporary Islamic Scholar from Saudi Arabia, Shaikh ‘Abdul-Muhsin al-’Abbad.
WHAT HAS COME CONCERNING KILLING THE ONE UNDER PROTECTION OF A TREATY, INTENTIONALLY OR BY MISTAKE
The killing of a dhimmee (free non-Muslim), mu’aahad (one under a treaty or truce) and musta‘man (one under the guarantee of protection) is unlawful. Indeed, a severe threat has been mentioned concerning that.
Indeed, al-Bukhaaree relates in his Saheeh (no. 3166), from ’Amr Ibn ’Abdullaah (radiyallaahu ’anhumaa), from the Prophet (sallallaahu ’alayhi wa sallam) who said, “Whosoever kills a person who was a mu’aahad, he will not be able to smell the fragrance of Paradise, even though its fragrance can be smelled for the walking distance of forty years.”
This is mentioned by al-Bukhaaree in the book of al-jizyah (taxes for disbelievers) under the chapter, “Chapter: The sin of the one who kills a mu’aahad who has not committed any crime.”
And he mentions it in the book of compensations, under the chapter, “Chapter: The sin of the one who kills a dhimmee who has not committed any crime.” And it also occurs under the wording, “Whosoever kills a person who was mu’aahad will not smell the fragrance of Paradise, even though its smell can be found for the walking distance of forty years.”
Stated al-Haafidh Ibn Hajr in al-Fath (12/259), (commenting upon the action of al-Bukhaaree in the manner compiling these statements under these chapter headings), “Likewise, he brought the chapter heading of the dhimmee, yet he mentioned the mu’aahad. And in the chapter heading of al-jizyah (taxes for non-Muslims), he brought the wording, “Whosoever kills a mu’aahad…” as is apparent in the narration. So the intended meaning of this is that whosoever has a treaty with the Muslims, whether it be by agreement of a jizyah, or a truce with a Muslim ruler, or protection from a Muslim.”
And this hadeeth is related by an-Nisaa‘ee with the wording “Whosoever kills a person from amongst the people of dhimmah (protection), then he will not find the fragrance of Paradise, even though the fragrance of Paradise can be found for the walking distance of forty years.”
And he also relates it (no. 4749) with a saheeh isnaad, from a man from amongst the Companions of the Prophet (sallallaahu ’alayhi wa sallam), that the Messenger of Allaah (sallallaahu ’alayhi wa sallam) said, “Whosoever kills a man from amongst the people of dhimmah, then he will not be able to find the fragrance of Paradise, even though its fragrance can be found for the walking distance of forty years.”
As for killing the one under protection unintentionally, then Allaah has obligated a compensation and retribution for it. Allaah the Mighty and Majestic said,
“And if he belonged to a people with whom you have a treaty of mutual alliance, compensation must be paid to his family, and a believing slave must be freed. And whosoever finds this beyond his means, then he must fast for two consecutive months, in order to seek repentance from Allaah. And Allaah is All-Knowing, All-Wise.” (an-Nisaa‘ 4:92)
And I say in conclusion: Fear Allaah – O youth – with regards to yourselves. Do not become prey for Satan. He gathers up for you the dishonour of this worldly life and the punishment of the Hereafter. And fear Allaah with regards to the Muslims, from amongst the elderly, the middle-aged and the youth. And fear Allaah with regards to the Muslim women, from amongst the mothers, daughters, sisters, maternal aunts and paternal aunts. And fear Allaah with regards to the elderly who ware bowing and the babies who are breastfeeding. And fear Allaah with regards to the spilling the blood of the innocent and the wealth of the unlawful.
“So fear the Fire whose fuel is men and stones. (al-Baqarah 2:24)
“And fear a day when you shall be brought back to Allaah. Then every person shall be paid what he earned, and they shall not be dealt with unjustly.” (Sooratul-Baqarah 2:281)
“On the day when every person will be confronted with all the good he has done, and all the evil he has done, he will wish that there were a great distance between him and his evil.” (Soorah Aali-’Imraan 3:30)
“The day when a man shall flee from his brother, and his mother and his father, and from his wife and his children. Every man, that day, will have enough to make him careless of others.” (Soorah ’Abasa 80:37)
Awaken from your slumber and become attentive from your heedlessness. Do not be the riding animal for Satan to cause corruption in the earth.
And I ask Allaah the Mighty and Majestic to grant the Muslims understanding of their Religion, and to safeguard them from the misguidance of tribulations (fitan), whatever is apparent from them and whatever is hidden. And may the salutations, peace and blessings of Allaah be upon His servant and Messenger, Muhammad, upon his family and all of his Companions.
