Can a Muslim be punished in Retribution for Killing a Disbeliever?
Whilst addressing the question of whether a Muslim can be punished in retribution for killing a disbeliever who is under the protection of the state, Hazrat Musleh-e-Maud (ra) has also made reference to the aforementioned incident. Although I have previously narrated this in one of the sermons, I shall mention it once again to shed further light on the matter. Hazrat Musleh-e-Maud (ra) states:
“In Al-Tabari, Qumazban bin Hormuzan relates the incident of his father’s death as follows:
“‘Hormuzan was a Persian leader and was a Magian by faith. He was suspected to be involved in the killing of Hazrat Umar (ra). Subsequently, without carrying out any investigation and owing to his intense emotions, Ubaidullah bin Umar killed Hormuzan.’”
Qumazban, the son of Hormuzan, further narrates, “‘The people of Persia had developed acquaintances with each other because, as is the case, when one travels to another land, their ethnicity becomes even more distinct. One day, Feroz, who perpetrated the killing of Hazrat Umar (ra) met my father and he had a dagger with him at the time which had been sharpened from both sides.’” The son of Hormuzan is narrating this. “‘My father took hold of the dagger and asked him, “What do you do with this dagger in this land? This is a land where there is peace, therefore there is no need for such a weapon.” Upon this, he stated that he used it for guiding and pulling the camels along. Whilst they were both talking to each other, someone happened to see them. Later, when Hazrat Umar (ra) was martyred, the individual [who had seen them together] claimed that he had personally witnessed Hormuzan handing over the dagger to Feroz. Upon this, Ubaidullah, who was the youngest son of Hazrat Umar (ra), killed my father.
“‘When Hazrat Uthman (ra) became the Khalifa, he called me and handed over Ubaidullah to me. Hazrat Uthman (ra) stated, “O my son! He is the one who killed your father. Thus, you have a greater right over him than me, so take him and kill him.” And so, I took him and headed out of the city. On the way, whoever would see me would come along with me. None of them challenged my decision, instead all they would do was to request me to let him go. I addressed all the Muslims there and stated, “Do I have the right to kill him?” Everyone replied in the affirmative that to kill him was indeed my right and then they began to reproach Ubaidullah for the wrong he had committed. Then, I asked, “Do you have the right to free him from me?” They all responded saying, “No! Certainly not.” And again, they began to reproach Ubaidullah for he had killed my father without any evidence. Upon this, I left him for the sake of God and those people. Out of their happiness, the Muslims raised me up on their shoulders, and by God, I reached my home on top of people’s heads and shoulders as they did not even let my feet touch the ground.
“This narration shows that it was the practice of the Companions (ra) that they would also give the death penalty to a Muslim who had killed a non-Muslim. It is also proven that no matter the method used, such a person would be killed [in retribution]. Similarly, it is also proven that a murderer could only be detained and given the death penalty by the state. This is because it is evident from this narration that Ubaidullah bin Umar was apprehended by Hazrat Uthman (ra) and it was he who turned him over to Hormuzan’s son. It was not an heir of Hormuzan’s who launched a case against him or apprehended him.”
Hazrat Musleh-e-Maud (ra) further states:
“Here, it is necessary to clarify the issue whether a murderer should be handed over to the heirs of the one who has been murdered in order to be punished, as was done by Hazrat Uthman (ra), or should the state see to the punishment itself? It should be remembered that this is a subsidiary matter and Islam has left it to be determined according to the needs of the time. The country can adopt whatever it deems most effective based on its society and conditions. There is no doubt that these two methods are only beneficial under specific circumstances.”
(Tafsir-e-Kabir, Vol. 2, pp. 359-361)