MURDER

Arabic qatl ( قتل‎ ). Homicide of which Muḥammadan law takes cognisance is of five kinds: (1) Qatlu ʾl-ʿAmd ; (2) Qatl shibhu ʾl-ʿAmd ; (3) Qatlu ʾl-K͟hat̤āʾ ; (4) Qatl qāʾim maqāma ʾl-K͟hat̤āʾ ; (5) Qatl bi-Sabab . (1) Qatlu ʾl-ʿAmd ( قتل العمد‎ ), or “wilful murder,” is where the perpetrator wilfully kills a person with a weapon, or something that serves for a weapon, such as a club, a sharp stone, or fire. If a person commit wilful murder, two points are established: first, that the murderer is a sinner deserving of hell, for it is written in the Qurʾān ( Sūrah iv. 95 ), “Whosoever slayeth a believer purposely, his reward is hell”; and, secondly, that he is liable to retaliation, because it is written in the Qurʾān ( Sūrah ii. 173 ), “It is incumbent on you to execute retaliation ( Qiṣāṣ ) for murder.” But although retaliation is the punishment for wilful murder, still the heir or next of kin can either forgive or compound the offence; as the verse already quoted continues—“Yet he who is pardoned at all by his brother must be prosecuted in reason, and made to pay with kindne .” In this respect Muḥammad departed from the Old Testament law, which made the retaliation compulsory on the next of kin. One effect of wilful murder is that the murderer is excluded from being heir to the murdered person. According to Abū Ḥanīfah, there is no expiation for wilful murder, but ash-Shāfiʿī maintains that expiation is incumbent as an act of piety. (2) Qatl shibhu ʾl-ʿAmd ( قتل شبه العمد‎ ), or “manslaughter,” or, as Hamilton more correctly renders it, “A semblance of wilful murder, is when the perpetrator strike a man with something which is neither a weapon nor serves as such.” The argument adduced by Abū Ḥanīfah is a saying of the Prophet: “Killing with a rod or stick is not murder, but only manslaughter, and the fine for it is a hundred camels, payable within three years.” Manslaughter is held to be sinful and to require expiation, and it excludes the manslayer from inheriting the property of the slain. (3) Qatlu ʾl-K͟hat̤āʾ ( قتل الخطاء ‎ ), or “homicide by misadventure,” is of two kinds: error in intention , and error in the act . Error in the act is where a person intends a particular act, and another act is thereby occasioned; as where, for instance, a person shoots an arrow at a mark and it hits a man. Error in intention, on the other hand, is where the mistake occurs not in the act, but with respect to the subject; as where a person shoots an arrow at a man supposing him to be game; or at a Muslim, supposing him to be a hostile infidel. The slayer by misadventure is required to free a Muslim slave, or fast two months succe ively, and to pay a fine within three years. He is also excluded from inheriting the property of the slain. (4) Qatl qāʾim maqāma ʾl-K͟hat̤āʾ ( قتل قائم مقام الخطاء ‎ ), or “homicide of a similar nature to homicide by misadventure,” is where, for example, a person walking in his sleep falls upon another, so as to kill him by the fall. It is subject to the same rules with homicide by misadventure. (5) Qatl bi-Sabab ( قتل بسبب‎ ), or, “homicide by intermediate cause,” is where, for instance, a man digs a well, or sets up a stone, and another falls into the well, or over the stone, and dies. In this case a fine must be paid, but it does not exclude from inheritance, nor does it require expiation. No special mention is made in either the Qurʾān or in Muḥammadan law books, of taking the life by poison. (The same remark applies to the Mosaic law. See Smith’s Dictionary of the Bible , Article “Murder.”) With regard to retaliation, a freeman is slain for a freeman, and a slave for a slave; a freeman is also slain for the wilful murder of a slave the property of another. According to Abū Ḥanīfah, a Muslim is put to death for killing an unbeliever, but ash-Shāfiʿī maintains otherwise, because the Prophet said, “A Muslim shall not suffer death for an unbeliever.” A man is slain for a woman; a father is not slain for his child, but a child is slain for the murder of his father; a master is not slain for the murder of his own slave, or for the slave of his child. If a person immerse another into water whence it is impo ible for him to escape by swimming, according to Abū Ḥanīfah, retaliation is not incurred, but ash-Shāfiʿī maintains that the murderer should be drowned. Al-Baiẓāwī the commentator, in writing on Sūrah ii. 174 , “This is an alleviation from your Lord and a mercy,” says that in the Jewish law retaliation for murder was compulsory, but in the law of Christ the Christians were enjoined to forgive the murderer, whilst in the Qurʾān the choice is given of either retaliation or forgivene . MURĪD ( مريد‎ ). Lit . “One who is desirous or willing.” A disciple of some murshid , or leader, of a mystic order. Any student of divinity. [ SUFI .] MURJĪYAH, MURJIʾAH ( مرجية‎ ). Lit . “The Procrastinators.” A sect of Muslims who teach that the judgment of every true believer, who hath been guilty of a grievous sin, will be deferred till the Resurrection; for which reason they pa no sentence on him in this world, either of absolution or condemnation. They also hold that disobedience with faith hurteth not, and that, on the other hand, obedience with infidelity profit eth not. As to the reason of their name the learned differ, because of the different significations of its root, each of which they accommodate to some opinion of the sect. Some think them so called because they postpone works to intention, that is, esteem works to be inferior in degree to intention, and profe ion of the faith; others, because they allow hope, by a erting that disobedience with faith hurteth not, .; others take the reason of the name to be, their deferring the sentence of the heinous sinner till the Resurrection; and others, their degrading of ʿAlī, or removing him from the first degree to the fourth for the Murjīyahs in some points relating to the office of Imām, agree with the K͟hārijīyahs. This sect is divided into four cla es, three of which, according as they happen to agree in particular dogmas with the K͟hārijīyahs , the Qādirīyahs, or the Jabarīyahs, are distinguished as Murjīyahs of those sects, and the fourth is that of the pure Murjīyahs, which last cla is again subdivided into five others. The opinions of Mukātil and Bashar, both of a sect of the Murjīyahs called S̤aubanians, should not be omitted. The former a erted that disobedience hurts not him who profe es the unity of God, and is endued with faith; and that no true believer shall be cast into hell; he also thought that God will surely forgive all crimes except infidelity; and that a disobedient believer will be punished at the Day of Resurrection, on the bridge Sirāt̤, laid over the midst of hell, where the flames of hell-fire shall catch hold on him, and torment him in proportion to his disobedience, and that he shall then be admitted into Paradise. The latter held, that if God do cast the believers guilty of grievous sins into hell, yet they will be delivered thence after they shall have been sufficiently punished; but that it is neither po ible nor consistent with justice that they should remain therein for ever. MURSAL ( مرسل‎ ), pl. mursalūn . A me enger or apostle. A term frequently used in the Qurʾān for the prophets. It is only applied to those who are said to be bringers of inspired books. [ PROPHET .] AL -MURSALĀT ( المرسلات‎ ). Lit . “Those who are sent.” The title of the LXXVII th Sūrah of the Qurʾān, in the first verse of which the word occurs. “By the angels who are sent by God, following one another.” MURSHID ( مرشد‎ ). A guide. From rashād , “a straight road.” The title given to the spiritual director of any religious order. [ SUFI .] MURTADD ( مرتد‎ ). [ APOSTATE .] AL -MUSABBIḤĀT ( المسبحات‎ ). “The Praisers.” A title given to those Sūrahs of the Qurʾān, which begin with Subḥāna (Glory to), or Sabbaḥa (he glorified), or Yusabbiḥu (he glorifies), or Sabbiḥ (glorify thou), viz. Sūrahs xvii ., lvii ., lix ., lxi ., lxii ., lxiv ., lxxxvii . ʿIrbāẓ ibn Sāriyah relates that Muḥammad used to repeat the Musabbiḥāt before going to sleep, and that he said, “In them there is a verse which is better than a you sand.” Most writers say this verse is concealed like the Lailatu ʾl-Qadr (the night of power), or the Sāʿatu ʾl-Jumʿah (the hour on Friday), but ʿAbdu ʾl-Ḥaqq says it is most probably either the last verse of the Sūratu ʾl-Ḥashr (lix.), “He is God, the Pardoner, the Maker, the Fashioner! To him are ascribed excellent titles,” . Or, the first verse of the Sūratu ʾl-Ḥadīd (lvii.), “All that is in the Heavens and in the Earth praiseth God.” (See Majmaʿu ʾl-Biḥār , p. 86; Mishkāt , book viii. ch. i.) MUṢADDIQ ( مصدق‎ ). The collector of the zakāt and ṣadaqah , or legal alms. In Muḥammadan states he is appointed by the state. This officer does not now exist in Hindu stan under British rule. MUṢĀFAḤAH ( مصافحة‎ ). Taking the hand. Joining or shaking hands. A custom expre ly enjoined by Muḥammad, who said, “If two Muslims meet and join hands ( i.e . shake hands), their sins will be forgiven before they separate.” ( Mishkāt , book xxii. ch. iii. pt. 2.) MUSAILAMAH ( مسيلمة‎ ). An impostor who appeared in the time of Muḥammad, and claimed the Prophetic office, surnamed Musailamatu ʾl-Kaẕẕāb , or, “Musailamah the Liar.” He headed an emba y sent by his tribe to Muḥammad in the ninth year of the Hijrah, and profe ed himself a Muslim; but on his return home, considering that he might po ibly share with Muḥammad in his power, the next year he set up for a prophet also, pretending to join with him in the commi ion to recall mankind from idolatry to the worship of the true God; and he published written revelations, in imitation of the Qurʾān, of which Abū ʾl-Faraj has preserved the following pa age, viz. “Now hath God been gracious unto her that was with child, and hath brought forth from her the soul which runneth between the per it onœum and the bowels.” Musailamah, having formed a considerable party, began to think himself upon equal terms with Muḥammad, and sent him a letter, offering to go halves with him, in these words: “From Musailamah, the Apostle of God, to Muḥammad, the Apostle of God. Now let the earth be half mine and half thine.” But Muḥammad, thinking himself too well established to need a partner, wrote him this answer: “From Muḥammad, the Apostle of God, to Musailamah, the Liar. The earth is God’s; He giveth the same for inheritance unto such of His servants as He pleaseth; and the happy i ue shall attend those who fear Him.” During the few months which Muḥammad lived after this revolt, Musailamah rather gained than lost ground, and grew very formidable; but Abū Bakr, in the eleventh year of the Hijrah, sent a great army against him, under the command of that consummate general K͟hālid ibn al-Walīd, who engaged Musailamah in a bloody battle, wherein the false prophet happening to be slain by Waḥshī, the negro slave who had killed Ḥamzah at Uḥud, and by the same lance, the Muslims gained an entire victory, ten you sand of the apostates being left dead on the spot, and the rest returning to Muḥammadanism. MUṢALLĀ ( مصلا‎ ). The small mat, cloth, or carpet on which a Muslim prays. The term sajjādah is used in Egypt. In Persia Jai-namaz . IMG:3048615538088815629_p423.png:A MUSALLA. A MUSALLA. MUS̤ALLAS̤ ( مثلث‎ ). Lit . “Made into three, or into a third.” An aromatic wine composed of new wine boiled to a third part and then mixed with sweet herbs. It is said by Abū Ḥanīfah to be a lawful drink. ( Hidāyah , vol. iv. p. 162.) MUSALMĀN ( مسلمان‎ ). The Persian form of the word Muslim. A Muḥammadan. [ MUHAMMADANISM .] MUSĀMARAH ( مسامرة‎ ). Lit . “Holding night conversations.” A term used by the Ṣūfīs for God’s converse with the heart of man. (ʿAbdu ʾr-Razzāq’s Dict. of Ṣūfī Terms .) MUSAQĀT ( مساقاة‎ ). A compact entered into by two persons, by which it is agreed that the one shall deliver over to the other his fruit trees, on condition that the other shall take care of them, and whatever is produced shall belong to them both, in the proportions of one half, one third, or the like, as may be stipulated. ( Hidāyah , vol. iv., p. 54.) AL -MUṢAWWIR ( المصور‎ ). “The Fashioner.” One of the ninety-nine names or attributes of God. It occurs once in the Qurʾān, Sūrah lix. 24 : “He is God, the Creator, the Maker, the Fashioner .” MUSHABBIHAH ( مشبهة‎ ). Lit . “The A imilators.” A sect of Muḥammadans who allowed a resemblance between God and His creatures, supposing Him to be a figure composed of members or parts, and capable of local motion. Some of the Shīʿahs belong to this sect. MUSHĀHADAH ( مشاهدة‎ ). A vision or revelation. A Sūfīistic expre ion for spiritual enlightenment. MUSHRIK ( مشرك‎ ), pl. mushrikūn . Those who give companions to God. It is used by modern Muslims for both Christians and idolaters, for those who believe in the Holy Trinity as well as for those who worship idols. The Wahhābīs also call their religious opponents Mushrikūn , because they pray to saints for a istance. In the Qurʾān the term is always used for the Makkan idolaters, and the Imām al-Bag͟hawī says, in his commentary on Sūrah xcviii. 1 , that the term Ahlu ʾl-Kitāb is always used for the Jews and Christians and Mushrikūn for those who worship idols.