The Father is Not Killed For Killing His Son

Question :

Is a father killed if he kills his son? We have heard from some of the scholars of Figh that he is not killed if he kills his son, but that he must pay the Diyah.

Answer:

The majority of scholars do not hold the view that the father should be killed for killing his son if he killed him intentionally. As proof, they cited evidence and argument. As for the evidence, it is the well known Hadith:
"A father is not killed for (killing) his son."

As for the argument, they said that the father is the cause for the existence of the son. So it is not fitting that the son should be the cause of his (i.e. the father's) execution. This is the view of the majority of scholars, i.e. that the father should not be executed for killing his son.

Some of the scholars held the view that the father is killed for the murder of his son, if we knew for sure that he had killed him intentionally. They based this view on the generality of the evidences which prove the obligation of Al-Qisas in the taking of a life, such as the Words of Allah, Most High:
"O you who believe! Al-Qisās (the Law of Equality in punishment) is prescribed for you in case of f murder. the free for the free, the slave for the slave, and the female for the female."

And such as the Words of Him, Most High:

"And We ordained therein for them: Life for life, eye for eye."

And other similar texts, such as the words of the Prophet ﷺ :

"It is not permissible to shed the blood of a Muslim man who testifies that none is worthy of worship except Allah and that I am the Messenger of Allah, except for one of three reasons: A life for a life, the non-virgin woman who commits an act of illegal sexual intercourse and the one who abandons his religion (i.e. Islam) and forsakes the Jama'ah."Abu Dawud no. 4530 and An-Nasai no. 4738" class="fa fa-archive text-info" aria-hidden="true">

They said that these generalities necessitate that if it is known that the father intended to kill his son, he should be killed for it. As for the well known Hadith:
"A father is not killed for (killing) his son."

They consider it to be weak. As for the argument, it is not correct, because the execution of a father for killing his son is not caused by the son, it is caused by the father, because it is he who brings the punishment upon himself in fact, as it is he who causes himself to be executed by taking a life which is forbidden.

They said: We might turn this evidence around and say: "A father killing his son is one of the greatest breaches of family relations and the most hated of murders, since even a father does not venture to kill his son even in the world of base animals, the animal will lift its hoof over its child, fearful of hurting it. So how could the reward of this man who breaks off family ties by killing his son be that we lift the punishment of execution from him?

At any rate, this matter should be referred to the Islamic Law Courts in order that the Judge may rule according to what he considers to be most correct from among the sayings of the scholars. An individual should refer to his Lord, the Almighty, the All-Powerful in cases of conflicting evidences or opinions which require guidance to the Straight Path, saying: "O Allah! The Lord of Jibra'il, Mika'il and Israfil, the Creator of the heavens and the earth, Knower of the unseen and that which is seen. You judge between Your creatures about that wherein they differed. Guide me to the truth by Your Leave in those matters in which there is differing. For You guide whom You will to the Straight Path."

Then he should seek forgiveness from Allah, the Almighty, the All-Powerful for his sins, because sins come between a person and his arriving at the truth. And some of the scholars have derived this from the Words of Allah, Most High:
"Surely, We have sent down to you (O Muhammad) the Book (this Qur'an) in truth that you might judge between men by that which Allah has shown you (i.e. has taught you through Divine Revelation), so be not a pleader for the treacherous. And seek the forgiveness of of Allah, certainly, Allah is Ever Oft-Forgiving, Most Merciful."