Ruling on the killing of an adulteress by her father or someone else
17-8-2015 | IslamWeb
Question:
Is it permissible to kill one's daughter or sister if she commits unlawful sexual intercourse? What is the Sharee'ah ruling on killing her for this reason?
Answer:
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Committing Zina (adultery/fornication) is a grave major sin, and its doer is considered a Faasiq (defiantly disobedient). However, nobody has the right to apply the Hadd (i.e. corporal punishment prescribed for crime by the Sharee'ah) except through referring the case to Islamic courts.
If one killed his sister who has committed Zina while she never married (regardless if she is currently married or not), he is considered a wrongdoer who has committed a grave major sin and should be killed in retaliation, unless the heirs forgive him.
If they forgive him in return of blood money or any form of compensation, then he is still considered a sinner for killing his sister. He should turn to Allaah, the Exalted, in repentance and seek His forgiveness for that grave sin.
If the adulteress did marry (regardless if she is currently married or not), the brother will be asked by force of law to bring forth evidence that she willingly committed adultery. If he proved it, he is not obliged to offer blood money or an expiation, and he will not be killed in retaliation. However, he is still considered sinful for acting beyond the permission of the one in authority, i.e. the Muslim ruler. The Muslim ruler should punish him with Ta‘zeer (i.e. discretionary punishment) for killing her without the permission of the one in authority. The evidence here may be her confession, which should be Sharee'ah-approved, or the testimony of four trustworthy witnesses who clearly saw her commit adultery (seeing the actual intercourse; they had to see the penetration of the penis into the vagina).
As for the father, if he killed his daughter for committing Zina, he should not be killed in retaliation for killing his daughter regardless whether she committed Zina or not. The ruler should punish him with Ta‘zeer, but this does not clear him of the sin.
A Muslim should know that killing is a grave major sin and a very serious issue in Islam. It is enough that Allaah, the Exalted, says about it (what means): {But whoever kills a believer intentionally—his recompense is Hell, wherein he will abide eternally, and Allaah has become angry with him and has cursed him and has prepared for him a great punishment.} [Quran 4:93]
One should fear Allaah, the Exalted, and not commit such a grave sin.
Allaah Knows best.