The Law of Murder in Islam

Recent murder cases have caused growing concern. These include the killing of a landowner in Temanggung, Central Java; the murder of a woman found in a wardrobe in Jambi and the tragic killing of a child in Maros, South Sulawesi, by their biological father. Some members of the public are worried and questioning what kind of laws are in place to deter such crimes. So, what is the punishment for murderers in Islam?

When discussing the legal consequences for those who commit murder, Islam enforces strict regulations. Dr. Isman, S.H.I., S.H., M.H., an Islamic criminal law expert from Universitas Muhammadiyah Surakarta (UMS), stated that Islam condemns murder and classifies it as a grave crime.

Because of that, We decreed that whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely.

How was the punishment for murderers implemented according to Islam during the time of Prophet Muhammad (SAW)? Dr. Isman explained that there were two types of punishments for murderers during the Prophet's time.

First, if the perpetrator was forgiven by the victim's family, the perpetrator had to compensate for the loss of the victim. This could include financially supporting the victim's family for the rest of their lives. This type of punishment is known as diya (blood money or compensation).

In Surah An-Nisa, verse 92, Allah says:

وَمَا كَانَ لِمُؤْمِنٍ اَنْ يَّقْتُلَ مُؤْمِنًا اِلَّا خَطَـًٔاۚ وَمَنْ قَتَلَ مُؤْمِنًا خَطَـًٔا فَتَحْرِيْرُ رَقَبَةٍ مُّؤْمِنَةٍ وَّدِيَةٌ مُّسَلَّمَةٌ اِلٰٓى اَهْلِهٖٓ اِلَّآ اَنْ يَّصَّدَّقُوْاۗ فَاِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيْرُ رَقَبَةٍ مُّؤْمِنَةٍۗ وَاِنْ كَانَ مِنْ قَوْمٍ ۢ بَيْنَكُمْ وَبَيْنَهُمْ مِّيْثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ اِلٰٓى اَهْلِهٖ وَتَحْرِيْرُ رَقَبَةٍ مُّؤْمِنَةٍۚ فَمَنْ لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِۖ تَوْبَةً مِّنَ اللّٰهِۗ وَكَانَ اللّٰهُ عَلِيْمًا حَكِيْمً

It is not lawful for a believer to kill another except by mistake. And whoever kills a believer unintentionally must free a believing slave and pay blood-money to the victim’s family—unless they waive it charitably. But if the victim is a believer from a hostile people, then a believing slave must be freed. And if the victim is from a people bound with you in a treaty, then blood-money must be paid to the family along with freeing a believing slave. Those who are unable, let them fast for two consecutive months—as a means of repentance to Allah. And Allah is All-Knowing, All-Wise.

The second punishment is the death penalty by beheading, or qisas. This punishment is carried out if the victim's family does not forgive the perpetrator. Its purpose is to serve as social rehabilitation by breaking the cycle of vengeance and balancing the crime committed by the perpetrator.

"Vengeance is inherent in human nature. If it is not broken, it may lead to the victim's family seeking revenge by committing murder," Isman added.

The law of qisas is mentioned in Surah Al-Baqarah, verse 178:

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُتِبَ عَلَيْكُمُ ٱلْقِصَاصُ فِى ٱلْقَتْلَى ۖ ٱلْحُرُّ بِٱلْحُرِّ وَٱلْعَبْدُ بِٱلْعَبْدِ وَٱلْأُنثَىٰ بِٱلْأُنثَىٰ ۚ فَمَنْ عُفِىَ لَهُۥ مِنْ أَخِيهِ شَىْءٌ فَٱتِّبَاعٌۢ بِٱلْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَٰنٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ ٱعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُۥ عَذَابٌ أَلِيمٌ

O believers! ˹The law of˺ retaliation is set for you in cases of murder—a free man for a free man, a slave for a slave, and a female for a female. But if the offender is pardoned by the victim’s guardian, then blood-money should be decided fairly and payment should be made courteously. This is a concession and a mercy from your Lord. But whoever transgresses after that will suffer a painful punishment.

The criminal offense of murder in Indonesia is stated in Article 338 of the Indonesian Criminal Code, which reads: “Anyone who deliberately takes the life of another person is threatened with imprisonment for a maximum of fifteen years.”

Indonesian law does not fully adopt Islamic criminal law. The country relies more on imprisonment rather than beheading, an influence from the Dutch colonial period.

“Penal theories of rehabilitation were only introduced in the 20th century, while Islam focuses more on preventing the cycle of crimes,” explained the Head of the Master’s Program of Islamic Economic Laws at UMS.

Although not fully adopted, some aspects of Islamic law regarding murder are still practiced by individuals in Indonesia. “For instance, what Ahmad Dhani did,” said Isman on Wednesday (2/10/2024). The vocalist of the band Dewa 19 is responsible for supporting six widows and their children following a fatal car accident involving his youngest son, Dul, which killed seven people several years ago.

Unfortunately, the punishment for murder in Indonesia has not been effective in deterring crime. “Looking at the number of repeat offenders, these cases often recur. Imprisonment has proven less effective,” Isman remarked.

For instance, Detik.com reported on Friday (4/10/2024) about a man, identified as R (37), who murdered a woman and placed her body in a suitcase in Pangkep, South Sulawesi. He was a repeat offender with a history of vehicle theft.

Another case involved a repeat offender in Klaten, Central Java. Turah, also known as Daud (40), who murdered and mutilated his coworker, a woman identified as R alias D (56), had previously been convicted of murder.

Isman believes Islamic criminal law could break the cycle of murder cases in Indonesia. However, he acknowledges that the current legal system in Indonesia remains the best choice for the nation, as it focuses more on preventing murder cases.

Qisas serves as a form of equal justice as well as a way to break the cycle of revenge, which, if left unchecked, could potentially lead to further killings. However, without state authority, qisas lacks legitimacy, both in terms of fiqh (Islamic jurisprudence) and legal grounds.

“In the context of modern states, the enforcement of qisas heavily depends on the political will of state authorities. Islamic criminal law only justifies qisas when carried out under state authority,” he explained.

While Indonesia’s legal system represents a compromise in a diverse society, preventive efforts must continue. Murder often occurs due to the degradation of preventive resources and social controls, which are essential in curbing antisocial behavior. 

These preventive efforts are the responsibility of institutions focused on social life, including families, religious organizations, community groups, educational institutions, and social ministries or departments.

Family development is crucial in preventing future cases. The family is the first institution responsible for passing on values of goodness and humanity. “The rise in murder cases is essentially due to the declining effectiveness of family institutions,” Isman continued.

In Islamic criminal law, the family is the primary defense against antisocial behavior, including criminal acts like murder. 

However, families can only fulfill this preventive role if healthy parenting practices are implemented, helping to mitigate deviant behavior. Conversely, poor parenting can be a major factor in the development of antisocial individuals, often leading to violent actions, including murder.

If individuals grow up in environments filled with violence or antisocial behavior, the likelihood of them adopting destructive behavior increases.

“Here, the role of the family is vital in ensuring that moral and social values are taught and consistently practiced. Social systems, such as mosques and religious institutions within neighborhoods, also play a significant role,” Isman emphasized.

Isman further pointed out that law enforcement officers are often limited in their response when perpetrators' backgrounds are rooted in past trauma, as Indonesia's legal system primarily focuses on prosecution. Deeper issues, such as psychological trauma and the breakdown of social functions within the family, are often overlooked.

“Thus, prevention through strengthening families and spiritual education is an urgent solution,” concluded Isman.

Writer: Gede Arga Adrian

Editor: Al Habiib Josy Asheva

Translator: Farizal Luqman Majid