A father is not to be killed for killing his son or daughter
Fatwa No: 254746

Question

Salaam alaikum, I would like to know about a quote from the jurists you mentioned in fatwa 200403 “The parents are the reason for the existence of the child; so the child should not be a reason for their execution.” Could you give some of the names of the jurists who hold this view and what books they are quoted in? Jazakumullah khair!

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and messenger.

This view is adopted by the majority of the scholars. Al-Mughni, authored by Ibn Qudaamah  may  Allaah  have  mercy  upon  him reads: “In conclusion, the father is not to be killed on account of killing his son, and the grandfather is not to be killed for killing his grandson, regardless of how distant they are in generation or whether they are the grandchildren from the sons or the daughters. Among those from whom it was reported that the father is not killed due to killing his son, was ‘Umar ibn Al-Khattaab  may  Allaah  be  pleased  with  him. This is also the view of Rabee’ah, Ath-Thawri, Al-Awzaa’i, Ash-Shaafi’i, Is-haaq and the scholars of the Hanafi school of jurisprudence. However, Ibn Naafi’, Ibn `Abd Al-Hakam and Ibn Al-Munthir  may  Allaah  have  mercy  upon  them said: “The father is to be killed for killing his son.” Maalik  may  Allaah  have  mercy  upon  him said: “If he kills him by throwing a sword at him and the like, he is not killed for killing his son in this manner, and if he slaughters him or kills him in a manner that undoubtedly suggests that the father had the intent to kill him without trying to discipline him first, then legal retribution should be applied to him. The mother in this regard is like the father. This is the correct view of our school of jurisprudence, and this is the view acted upon by those who consider that there is no legal retribution on the father [due to killing his son]. It was reported from Ahmad  may  Allaah  have  mercy  upon  him what indicates that he does not exempt the mother from legal retribution.” [End of quote]

Allaah Knows best.

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