Punishing magicians

22-6-2005 | IslamWeb

Question:

Since we know that magicians are Kaffirs and Mushriks, then if we are sure that someone is a magician and the authorities don't do anything against them. So are we allowed to kill them if we know we can get away with it?
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.

 

There is evidence in the Book of Allaah, the Sunnah of the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) and the sayings of the Companions may Allaah be pleased with them that magic is disbelief and that the corporal punishment determined by Islamic Law for a magician is capital punishment (i.e. death). Allaah Says (what means): {It was not Solomon, who disbelieved, but the devils disbelieved, teaching people magic.} [Quran 2:102]

Moreover, the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: "Avoid the seven destructive things (and he mentioned)…associating partners to Allaah and magic."

Moreover, An-Nasaa'i may Allaah have mercy upon him reported a Hadeeth with a weak chain of narrators, which reads: "And whoever does magic, he has indeed associated partners with Allaah."

But a question is to be asked: "Does all kinds of magic render the person who practises it disbeliever, and are all magicians absolutely disbelievers [non-Muslims]?" The scholars may Allaah have mercy upon them differed in opinion in this regard. The majority of them are of the view that whoever learns magic and practises it, is out of the fold of Islam; this is the view of Maalik, Abu Haneefah, Ahmad and others may Allaah have mercy upon them.

However, Imaam Ash-Shaafi'i may Allaah have mercy upon him detailed this matter. If the magic contains what necessitates disbelief, then the person who does it becomes a disbeliever, like the magic of the people of Babylon; Allaah Says (what means): {But they [i.e. the two angels] do not teach anyone unless they say, "We are a trial, so do not disbelieve [by practicing magic].}[Quran 2:102] However, if the magic does not necessitate disbelief, then it does not render a person a disbeliever unless he believes that magic is lawful.

Ash-Shinqeeti may Allaah have mercy upon him said: "The best opinion in this regard is that this matter has to be looked at in details [as it is not all kinds of magic that render a person a disbeliever]."

Imaam An-Nawawi may Allaah have mercy upon him considers this opinion as the preponderant one.

Furthermore, the scholars may Allaah have mercy upon them differed in opinion in relation to killing the magician; should he be killed just because of practising magic or should he be killed only if his magic causes what necessitates him to be killed? Imaam Maalik and Ahmad are of the view that the magician should be killed by practising magic whatever its kind might be. However, Ash-Shaafi'i and Abu Haneefah may Allaah have mercy upon them are of the view that the magician should not be killed just for practising magic. Moreover, Imaam Maalik, Ahmad and Ash-Shaafi'i may Allaah have mercy upon them are of the opinion that the magician from the people of the book should not be killed because the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) did not kill Labeed Ibn Al-A'sam when the latter practised magic on him [on the Prophet].

Therefore, it becomes clear to the questioner that it is not correct for the common people to kill the magician as this is the task of the ruler because magic is of two kinds: there is magic that takes the person out of the fold of Islam and necessitates the magician to be killed and there is magic that does not lead to disbelief and does not necessitate the magician to be killed.

Some other scholars may Allaah have mercy upon them are of the view that the magician should not be killed just for practising magic. If it is confirmed that the magician goes out of the fold of Islam by practising magic and that he deserves the corporal punishment determined by the Islamic Law, then this punishment is not for individuals to execute it, because if it is left for the individual to carry out these punishments, there would be complete anarchy and anyone who killed a person could claim that he carried out corporal punishment on him.

Ibn 'Umar may Allaah be pleased with him said: "Zakat, corporal punishment determined by the Islamic Law, spoils of war, and Friday prayer are matters that concern the ruler."

So applying corporal punishment determined by the Islamic Law is even more forbidden for a person who resides in a non-Muslim country, as by doing so, the non-Muslims will even increase their enmity towards Muslims if they know that the latter apply corporal punishments determined by the Islamic Law on them; therefore, it is not permissible for an individual to apply the corporal punishments determined by the Islamic Law, as it is only the ruler who can do so.

Allaah Knows best.

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