Journal of Islamic Studies > Volume 27, No. 3, 2015

Ta'awwul-Based Killing in Islamic Jurisprudence / Fahad Saleh Bin Ajlan

This research is concerned with the problem of ta-awwul-based killing, namely the killing based on the killer's belief in the lawfulness of his act of killing; this is different from the crime of premeditated murder and killing by mistake. The research aims to identify and categorize Islamic rulings on ta-awwul killing that suggests waiving the death penalty. It also aims to establish legal requirements that maintain as a top priority the sanctity of human life, while accommodating the ta-awwul argument. Ta-awwul–based killing is considered to be eligible for waiving the death penalty. Shari'ah takes the killer's ta-awwul into consideration; yet, for a ta-awwul to be credible, it has to fulfill specific conditions, substantiated by strong evidences. The research follows an inductive approach, identifying the categories and branches of ta-awwul-based killings. It identifies ten categories, and it studies each category in detail, pointing out any disagreements among scholars. The research explores possible ways of protecting lives from the danger of ta-awwul-based killing so that Shri'ah's definite regard for the sanctity of human life can be kept a top priority, without violation. It identifies a set of Shari'ah requirements that control ta-awwul consideration. The requirements allow for taking the ta-awwul argument into account, without jeopardizing Shar'ah's main concern for the sanctity of human life.