Murder under Coercion

Answered by Ustadh Wasim Shiliwala
Question: What is the punishment for a person according to Islamic law who would kill an innocent person under compulsion? For instance somebody threatens to take his life if he does not commit such an act.
Answer: Assalaam alaykum wa rahmatullah,
If I understand your question correctly, you are asking about the scenario wherein person A threatens to kill person B if he/she does not kill person C. You then have two questions:
a) should B kill C?
b) if B were to kill C, what is the punishment for B?
This scenario is one of much discussion among Muslim scholars. Rather than go into technical detail, I’ll provide some very brief and general responses:
A) The scholars are in agreement that it is impermissible for B to kill C, even if that means A will kill him.
B) They also agree that if B were to kill C, then B would be punished (in addition to A). Although they differ on the specifics of that punishment, they nonetheless agree that B should bear some responsibility for his role in killing C.
(Reference: Kuwaiti Fiqh Encyclopedia, entry on Ikrāh)
However, we should keep in mind that we are speaking in theoretical terms. When it comes to an actual case with all its details and nuances, it is up to the judge (qāḍī) to determine what punishment is appropriate, and it is up to Allah to judge what each party’s fate in the Hereafter will be.

Principles at Work

These rulings reflect two major principles of the shariʿa:
1) That human life is sacred and inviolable. God tells us in the Qur’an that He has honored all of mankind (17:70), and furthermore that murdering one person is like murdering all of humanity, and that saving one person is like saving all of humanity (5:32). This sanctity cannot be violated even if one’s own life is in danger.
2) That one should not avert harm by transferring it to someone else. This principle applies in all situations, such that we should never harm others for our own protection and comfort. The true Prophetic way (sunna) is not only to avoid harming others, but also to protect them, even if that would have negative effects on one’s own self and status.
May Allah purify us and guide us to the way of the Prophet, upon him blessings and peace.
Baarak Allahu fikum,
Wasim
Checked & Approved by Faraz Rabbani