What is the punishment for a father who manhandled his son in such a manner that son dies

Fatwa ID: 01681

Answered by Mufti Mohammed Tosir Miah

Question:

What is the punishment for a father who manhandled his son in such a manner that son dies?

 Answer:

Bismillah

Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Qur’an has said:

“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allah are upon him, and a great punishment is prepared for him." (Surat Nisa v.93)

The Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has said, "The first (thing) that will be decided among people on the Day of Judgment will pertain to bloodshed." (Sahih Buhari & Sahih Muslim)

Saaiduna Abu Saidul Khudri and Saaiduna Abu Hurairah raḍyAllāhu 'anha (may Allāh be pleased with her) narrate that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him)said,” If the dwellers of heaven and the inhabitants of earth collaborated in killing a believer, Allah would cast them all down into the hellfire." (Sunan Tirmizi p.259 v.1)

Saaiduna Abdullah Bin Amr Bin Aas raḍyAllāhu 'anhu (may Allāh be pleased with him) narrates that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said,"The vanishing of the entire world is less in value in the sight of Allah than killing a Muslim."  (Sunan Tirmizi p.259 v.1)

From the aforementioned ahadith we can derive that if a father killed his son intentionally then the sin the father will receive will be very grave and the consequences in the Hereafter will be severe.

In an Islamic state a father would not be killed (Qisas) for killing his son. Saaiduna Umar Bin Khattab raḍyAllāhu 'anhu (may Allāh be pleased with him) narrates that he heard the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) say, “A father is not to be killed for (the killing of) his son.” (Sunan Tirmizi p.259 v.1)

Furthermore, he will be obligated to pay the Diyah (blood money) for killing his son. (Sharah Samiri p.296 v.3) It is narrated by Abu Qataadah raḍyAllāhu 'anhu (may Allāh be pleased with him) that a man from Bani Madlij, killed his son and Saaiduna Umar raḍyAllāhu 'anhu (may Allāh be pleased with him) took from him 100 camels (as a Diyah). (Sunan Ibn Majah)

Also the father would not be able to inherit from his sons inheritance because of the following hadith narrated by Saaiduna Abu Hurirah Radiallahu Anhu that the Prophet of Allah Sallallahu Alahi Wasalam said “a killer has nothing to inherit.” (Sunan Tirmizi p.31 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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