. IÚ IÛJ ':?Ü?I Iljj ,H c.,tÝ (cont.)

How is it then that there are all of these other cases just described? Does this not contradict the hadith of ibn Masood? Some answer this question by saying, "Yes, there is a clear contradiction" and, therefore, the hadith of ibn Masood abrogates the rulings for all of the other cases mentioned. However, this is an untenable position. To prove abrogation, one would have to demonstrate that the hadith of ibn Masood was stated after all of the other hadith that prescribe the death penalty for the acts stated above. This is something that no one has been able to prove. A better approach is to consider ibn Masood's statement to be general and a general statement cannot abrogate more particular statements, even if the general statement came later in time. 1 He is treated by Allah as a martyr but he is not treated in this world as a martyr. That is, he is still washed and buried like any non-martyr who passes away. 2 Recorded by Abu Dawood. According to al-Albaani, a hadith with virtually the same wording is sahih. Al-Albaani, sahih al-Jaami, vol. 2, p. 1 100. Commentary on the Forty Hadith of al-Nawawi Ibn Rajab has responded to this question in a different way. He stated that this hadith of ibn Masood makes it clear that the death penalty is in any of three cases: (1) when a person leaves the religion, (2) when a person wrongfully spills the blood of another, (3) and when the person engages in illegal sexual intercourse. Ibn Rajab then goes on to say that the stated punishment for the married adulterer is simply an example of the type of crime that leads to the death penalty. If a person has legal means to sexual intercourse and then he still insists on committing illegal sexual intercourse, he has committed such a heinous crime that he no longer deserves to live. If that is true, what about those people who indulge in sexual practices that are not allowed under any circumstances, such as homosexuality and animal bestiality. These cases are even worse and more deserving of such punishment than adultery. Hence, the stated punishment for adultery implies that these other cases should also be dealt with in the same way. The second category is the one who sheds another's blood unlawfully. Certainly, causing civil commotion and disruption among the Muslim nation also leads to the same result. Hence, the one who does the act that would lead to the same result is to receive the same punishment, as mentioned in the hadith above. The same holds true for the alcoholic. His actions may certainly lead to the wrongful spilling of blood. Hence, he is deserving of that same punishment. The third category is the one who apostates. This includes all forms of apostasy. In fact, some scholars even say that those who are calling to clear innovations that contradict the basis of Islam are to be killed, based on this hadith. In fact, the Prophet (peace be upon him) even stated that the Khawaarij should be killed. The scholars though differ about whether they should be killed due to their heresy or due to their revolt against the Muslim rulers. 1 Finally, al-Sindi argues that this hadith from ibn Masood is simply stating the majority of the cases in which a person's blood may be spilled. It was not intended to mention all cases. Hence, there is no difficulty with there being a death penalty in cases not explicitly mentioned in this hadith.2 However, ibn Rajab's discussion is more convincing because the Prophet's speech is made up of a general negation followed by an exception. This is one of the strongest forms of all-inclusiveness. Therefore, it is hard to accept al­ Sindi's argument that the Messenger of Allah (peace be upon him) was just mentioning the most common cases. Other Points Related to this Hadith • Those who are to implement the death penalty are the rightful government leaders or rulers. One is not allowed to implement such a penalty without 1 See ibn Rajah, Jaami, vol. 1 , pp. 326-330. 2 Al-Sindi, Sharh, p. 59. Hadith #14: The Sanctity of a Muslim's Blood their approval or authority. For example, if a person is murdered, the victim's brother is not allowed to go and execute his murderer. First, the case must be proven and the government authorities must make the decision to have the person executed.