Question
ISIS had punished a Muslim Jordanian pilot with fire. He was burnt out. Is this permissible? They cite some Ahaadith to justify burning. They quote Hadhrat Ali (radhiyallahu anhu) in substantiation. Do they have valid grounds for this?
Answer
Although there are some narrations pertaining to punishment with fire, the Fatwa of the Fuqaha based on the command of Rasulullah (sallallahu alayhi wasallam), is that it is not permissible to punish with fire and water. Rasulullah (sallallahu alayhi wasallam) had prohibited it.
It is quite possible that Hadhrat Ali (radhiyallahu anhu) at that time was unaware of the Hadith prohibiting punishment with fire and water. Hence Hadhrat Ibn Abbaas (radhiyallahu anhu) said that if he had been Ali, he would not have executed the criminals with fire. There is not a single Sahaabi who had claimed to have the knowledge of every Hadith. Even Hadhrat Umar (radhiyallahu anhu) did not have knowledge of all the Ahaadith. Once he sentenced a man to death. Hadhrat Ali (radhiyallahu anhu) who was present, drew his attention a Hadith. Hadhrat Umar (radhiyallahu anhu) immediately rescinded the sentence, and com-
mented: "If it was not for Ali, Umar would have been destroyed."
Furthermore, there is consensus of the Fuqaha that it is not permissible to execute a prisoner of war with fire. And Allah knows best.
- Source
- themajlis.co.za
- Published in
- Al-Haq Bulletin No. 47
- PDF page
- 12
Appears under Questions & Answers (approximate).