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Correct ruling on one who practices magic or witchcraft
Praise be to Allaah.
Magic in all its forms in haraam according to all divinely-revealed laws, and
there is scholarly consensus that magic and learning magic are haraam.
Magic goes against that which the Messengers brought and it opposes the
purpose for which the Books were revealed.
Most of the scholars were of the view that the one who practices magic is a
kaafir whom the authorities are obliged to execute.
Allaah says (interpretation of the meaning):
“Sulaymaan did not disbelieve, but the Shayaateen (devils) disbelieved,
teaching men magic…” [al-Baqarah 2:102]
“but neither of these two (angels) taught anyone (such things) till they had
said, ‘We are for trial, so disbelieve not (by learning this magic from us)’”
[al-Baqarah 2:102]
This proves that that magic is kufr
Most of the Shaafa’i fuqahaa’ were of the view that the one who practices
magic is not a kaafir unless he believes that magic is permitted or he believes
something like the people of Babylon believed, that practicing magic would bring
them closer to the seven stars [which they used to worship].
This is subject to further debate; there is no evidence to suggest that
(describing the one who practices magic as a kaafir) is conditional upon his
believing that to be permissible.
The correct view is that the one who practices magic is a kaafir, whether he
believes it to be haraam or not. Simply doing magic is kufr. This is the
apparent meaning of the evidence, and there are no other texts to contradict
this.
Once it is proven that a person is guilty of practicing magic, then he must
be killed. This was proven from a group of the Sahaabah, but it is not for
individuals to carry out this hadd punishment without the command of the ruler
or his deputy, because carrying out the hadd punishments without the authority
of the ruler may lead to mischief, and destroy any sense of security in the
society, and undermine the position of the ruler.
Shaykh Sulaymaan al-‘Alwaan
When is a practitioner of magic a kaafir?
Praise be to Allaah.
The practitioner of magic is the person who uses the shayaateen (devils) and
gets close to the jinn by doing the things they like – such as sacrificing to
them instead of to Allaah, calling upon them alongside Allaah, obeying them by
disobeying Allaah by committing zinaa, drinking wine, eating haraam things,
neglecting prayer, covering himself with najaasaat (impure things) and staying
in dirty places – until the shayaateen respond to what he asks them, with a
gentle and kind approach, to do, such as harming the people against whom he uses
his magic, causing division between a man and his wife, telling him some unseen
things, and telling him about stolen items and where lost things are. Such a
person is a mushrik and a kaafir, because he worships both Allaah and the
Shaytaan, which is major shirk (al-shirk al-akbar). So he is a kaafir, because
Allaah says (interpretation of the meaning);
“Sulaymaan did not disbelieve, but the Shayaateen (devils) disbelieved,
teaching men magic” [al-Baqarah 2:102]
“but neither of these two (angels) taught anyone (such things) till they had
said, ‘We are for trial, so disbelieve not (by learning this magic from us).’”
[al-Baqarah 2:102]
It was also commanded that the practitioner of magic should be executed,
because of the hadeeth: “The hadd (prescribed punishment) for the practitioner
of magic is a blow with the sword (i.e., execution).”
(Narrated by al-Tirmidhi, 1460; al-Daaraqutni, 3/114; al-Haakim, 4/360;
al-Bayhaqi, 8/136; see al-Silsilah al-Da’eefah, 3/641, no. 1446)
On this basis, he is a kaafir even if he prays, fasts, reads Qur’aan and
makes du’aa’, because shirk cancels out all good deeds. And Allaah knows best.
Al-Lu’lu al-Makeen min Fataawa Ibn Jibreen, p. 11.
Will the repentance of a witch be accepted?
Praise be to Allaah.
Learning witchcraft and practising it constitute
kufr. Allaah says (interpretation of the meaning):
“They followed what the Shayaateen (devils) gave out (falsely of the magic)
in the lifetime of Sulaymaan (Solomon). Sulaymaan did not disbelieve, but the
Shayaateen (devils) disbelieved, teaching men magic and such things that came
down at Babylon to the two angels, Haaroot and Maaroot, but neither of these two
(angels) taught anyone (such things) till they had said, ‘We are for trial, so
disbelieve not (by learning this magic from us).’” [al-Baqarah 2:102]
A practitioner of witchcraft may do something that
makes him an apostate, so he commits kufr and should be executed for his
apostasy. Or he may practise witchcraft by doing something that does not
constitute kufr. In that case there is a difference of scholarly opinion, but
the correct view is that he should also be executed if it is proven that he is a
practitioner of witchcraft. This is what the Sahaabah (may Allaah be pleased
with them) did and enjoined other to do. If he is executed, he should not be
washed or shrouded or buried in the Muslim graveyard.
There should be no hesitation in executing the
practitioner of witchcraft, whether we say that he is a kaafir or not, because
this is what is proven from the companions of the Prophet
(peace and blessings of Allaah be upon him).
Executing him prevents the spread of evil and serves as a deterrent to his
fellow practitioners of witchcraft.
If a practitioner of witchcraft repents sincerely to
Allaah, then Allaah will accept his repentance. This is between him and his
Lord, before the matter reaches the courts. But if the matter reaches the
Islamic court, then the qaadi should execute him without asking him to repent,
so as to rid society of his evil. But it is not permissible for any individual
to carry out the hadd punishment by himself, rather the matter must be referred
to the authorities.
There follow some fatwas of the scholars on this
matter:
1 – Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have
mercy on him) said:
If a practitioner of witchcraft repents sincerely to
Allaah, that will benefit him before Allaah, for Allaah accepts repentance from
the mushrikeen and others, as He says (interpretation of the meaning):
“And He it is Who accepts repentance from His
slaves, and forgives sins” [al-Shoora 42:25]
“And all of you beg Allaah to forgive you all, O
believers, that you may be successful” [al-Noor 24:31]
But in this world it is not accepted. The correct view is that he is to be
executed. If it is proven to the court that he is a practitioner of witchcraft,
then he should be executed, even if he says, “I have repented.” His repentance
between him and Allaah is valid, if he is sincere, and that will benefit him
before Allaah, but according to the Islamic ruling he is to be executed, just as
‘Umar executed the practitioners of witchcraft, because their evil is great.
They may say, “We have repented,” but they may be lying, and the people will be
harmed and may not be safe from their evil because of the repentance that they
show. So they should be executed, and their repentance will benefit them before
Allaah if they are sincere. End quote.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 8/111
2 – The Shaykh (may Allaah have mercy on him) also
said:
The correct view according to the scholars is that
the practitioner of witchcraft should be executed without being asked to repent,
because of the seriousness of their evil. Some scholars are of the view that
they should be asked to repent, and that they are like any other kaafirs who
should be asked to repent. But the correct scholarly view is that they should
not be asked to repent because their evil is so great, and because they conceal
their evil and their kufr; they may claim to have repented but they are lying,
and may cause a great deal of harm to people as a result. Hence the scholars
were of the view that the one who is known and proven to be a practitioner of
witchcraft should be executed even if he claims that he has repented and that he
regrets what he has done; he should not be believed.
Hence it is narrated that ‘Umar (may Allaah be
pleased with him) wrote to the commanders of the troops telling them to execute
every practitioner of witchcraft they found, so as to guard against their evil.
Abu ‘Uthmaan al-Nahdi said: “We executed three practitioners of witchcraft.”
This is how it was narrated in Saheeh al-Bukhaari from Bajaalah ibn ‘Abdah. [It
was also narrated by Abu Dawood with a saheeh isnaad, and the original report is
in al-Bukhaari].
And it is narrated in a saheeh report that
Hafsah
executed a slave woman of hers because she found out that she was engaging in
witchcraft. And when the great Sahaabi Jundub ibn ‘Abd-Allaah (may Allaah be
pleased with him) saw a practitioner of witchcraft playing with his head –
making the people think that he was cutting off his head and putting it back –
he approached him without him realizing and killed him, and said: “Now put your
head back if you are telling the truth!”
Conclusion: the evil of the practitioners of
witchcraft is great, hence it is obligatory to execute them. If the authorities
know that they are practitioners of witchcraft, and that is proven with shar’i
evidence, then they have to execute them, so as to protect society from their
evil and corruption. End quote.
3 –The Shaykh also said (8/111):
If he is executed, the funeral prayer should not be
offered for him, and he should not be buried in the graveyard of the Muslims; he
should be buried in the graveyard of the kaafirs. He should not be buried in the
graveyard of the Muslims, the funeral prayer should not be offered for him, and
he should not be washed or shrouded. We ask Allaah to keep us safe and sound.
4 – He also said:
The ruling on the practitioner of witchcraft who is
known to make people imagine things, or whose actions result in harm for people,
such as causing people to see things that are not there, making a man beloved to
his wife or a wife beloved to her husband, or the opposite, which causes harm to
people, if that is proven by means of evidence in the Islamic court, then this
practitioner of witchcraft must be executed and his repentance should not be
accepted even if he repents.
We have quoted above the report narrated from ‘Umar
(may Allaah be pleased with him), who ordered his commanders to kill the
practitioners of witxhcraft so as to prevent their mischief on earth and to stop
them disturbing the Muslims and causing harm to people. As soon as they are
found out, then it is obligatory for the Muslim leaders to execute them even if
they say “We have repented”, because there is no guarantee. If they are sincere
in their repentance, that will benefit them before Allaah, because of the
general meaning of the verse in which Allaah says (interpretation of the
meaning):
“And He it is Who accepts repentance from His slaves, and forgives sins, and
He knows what you do” [al-Shoora 42:25]
If a person comes to the authorities without having been found out and tells
them that he has repented, and that in the past he used to do such and such, but
he has repented to Allaah and he seems outwardly to be good, then his repentance
should be accepted, because he has come voluntarily, seeking goodness and
announcing his repentance without having been found out and without anyone
making any claims against him. So if he comes in a manner that does not suggest
any kind of trickery, then his repentance should be accepted, because he has
come repenting and expressing regret, like any other kaafir who may have a bad
past, then Allaah blesses him by enabling him to repent without being forced do
that by anyone and without anyone making any claims against him. End quote.
Majmoo’ Fataawa al-Shaykh Ibn Baaz (8/81, 82)
5 – The scholars of the Standing Committee said:
If the practitioner of witchcraft does any act of kufr in his magic, then he
is to be executed as a hadd punishment for his kufr. If it is proven that he
killed by means of his magic someone whose life is protected by sharee’ah, then
he should be executed as a qasaas punishment. If he did not do any act of kufr
or kill anyone by means of his magic, then there is a difference of scholarly
opinion with regard to executing him for his witchcraft. But the correct view is
that he should be executed as a hadd punishment for his apostasy. This is the
view of Abu Haneefah, Maalik and Ahmad (may Allaah have mercy on them), because
his magic ipso facto means that he is a kaafir, because the verse
(interpretation of the meaning):
“They followed what the Shayaateen (devils) gave out
(falsely of the magic) in the lifetime of Sulaymaan (Solomon). Sulaymaan did not
disbelieve, but the Shayaateen (devils) disbelieved, teaching men magic” [al-Baqarah 2:102]
indicates that all practitioners of witchcraft
are kaafirs. And it is proven in Saheeh al-Bukhaari that Bajaalah ibn ‘Abdah
said: ‘Umar ibn al-Khattaab (may Allaah be pleased with him) wrote saying:
Execute every practitioner of witchcraft, male or female, and we executed three
practitioners of witchcraft. And it was narrated that Hafsah, the Mother of the
Believers (may Allaah be pleased with her) ordered that a slave girl of hers who
had put a spell on her be executed, and she was executed. Narrated by Maalik in
al-Muwatta’. And it is proven that Jundub said: The punishment for the
practitioner of witchcraft is a blow with the sword. Narrated by al-Tirmidhi who
said: the correct view is that it is mawqoof.
Based on this, the ruling on the practitioner of
witchcraft asked about in the question is that he should be executed according
to the correct scholarly view. The one whose job it is to confirm that
witchcraft has taken place and to carry out the punishment is the ruler who is
charge of the Muslims’ affairs, so as to ward off mischief and close the door to
chaos. End quote.
Fataawa al-Lajnah al-Daa’imah,
1/551-553
6 – Shaykh Ibn
‘Uthaymeen said:
Is this execution a hadd punishment or killing
him because of his kufr?
Both are possible, based on the details about the
kufr of the practitioner of witchcraft that we have discussed above. But based
on the above discussion we say: if a person’s witchcraft constitutes kufr, then
his execution is that of an apostate, but if his witchcraft does not constitute
kufr, then it comes under the heading of protection against serious harm, and it
must be implemented as the ruler sees fit.
Conclusion:
Practitioners of witchcraft must be executed,
whether or not we say that it is because of their kufr, because they make people
sick and may even kill them, they cause separation between husband and wife, and
vice versa, and they may bring about reconciliation between enemies and thus
attain their goals. One of them may bewitch a person to make him like him and
get what he wants from him, such as if one of them bewitches a woman in order to
have his way with her, and because they spread mischief on earth. So it is
obligatory for the authorities to execute them without asking them to repent, so
long as that is done to ward off their harm and the great damage they may cause.
The hadd punishment has nothing to do with being asked to repent; when the
offender is caught the hadd punishment must be carried out. End quote.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 9/508,
509. This is a commentary on Kitaab al-Tawheed.
7 – Shaykh Ibn ‘Uthaymeen also said:
The view that (practitioners of witchcraft)
should be executed is in accordance with the principles of sharee’ah, because
they spread mischief on earth and their mischief is one of the greatest forms of
mischief. So executing them is obligatory for the ruler, and it is not
permissible for the ruler to fail to execute them, because if such people are
left alone and their actions become widespread, they will cause mischief in
their own land and in the land of others. But if they are executed the people
will be safe from their evil and the people will be deterred from indulging in
witchcraft. End quote.
Majmoo’ Fataawa
al-Shaykh Ibn ‘Uthyameen (9/509). This is a commentary on Kitaab al-Tawheed.
Is it permissible for him to kill practitioners of witchcraft without the
permission of the authorities?
Praise be to Allaah.
Firstly:
If it is proven that a person is doing
witchcraft then it is obligatory to kill him because of his evil and the harm
that he is doing to people.
What is required of those whom Allaah has placed in authority over people is
to rule them in accordance with that which Allaah has revealed. Allaah says
(interpretation of the meaning):
“And so judge (you O Muhammad) among them by what Allaah has revealed and
follow not their vain desires” [al-Maa’idah 5:49]
“And whosoever does not judge by what Allaah has revealed, such are the
Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s
Laws)” [al-Maa'idah 5:44]
“And whosoever does not judge by that which Allaah has revealed, such are the
Zaalimoon (polytheists and wrongdoers — of a lesser degree)”
[al-Maa’idah 5:45]
“And whosoever does not judge by what Allaah has revealed (then) such
(people) are the Faasiqoon [the rebellious i.e. disobedient (of a lesser
degree)] to Allaah” [al-Maa'idah 5:47]
It is not permissible at all to annul a punishment prescribed in sharee’ah.
Even worse and more abhorrent than that is approving of the haraam deed and
allowing the practitioner of witchcraft to work his magic in return for paying
taxes.
This is a betrayal of trust which the ruler will be asked about on the Day of
Resurrection, the Day on which he will bite his hand in regret, but it will be
to no avail. Allaah says (interpretation of the meaning):
“And (remember) the Day when the Zaalim (wrongdoer, oppressor, polytheist)
will bite at his hands, he will say: ‘Oh! Would that I had taken a path with the
Messenger (Muhammad).
28. ‘Ah! Woe to me! Would that I had never taken so‑and‑so as a Khaleel (an
intimate friend)!
29. “He indeed led me astray from the Reminder (this Qur’aan) after it had
come to me. And Shaytaan (Satan) is to man ever a deserter in the hour of
need.’” [al-Furqaan 25:27-29]
Secondly:
If the ruler does not do what is required of him of carrying out punishments
prescribed in sharee’ah, then no one of the Muslim masses has the right to do
that, because punishments first require proof that this person deserves this
punishment, then they require the authority to carry them out.
If the door is opened for people to carry out the shar’i punishments, chaos
will reign in society and no one’s life or wealth will be safe.
The scholars of the Standing Committee said:
The one whose job it is to establish proof of witchcraft and carry out those
punishments is the ruler who is in charge of the Muslims’ affairs, so as to ward
off evil and to close the door to chaos.
Fataawa al-Lajnah al-Daa’imah (1/552).
Quoted words of Shaykh Sulaymaan al-‘Alwaan:
Once it is proven that a person is guilty of practicing magic, then he must
be killed. This was proven from a group of the Sahaabah, but it is not for
individuals to carry out this hadd punishment without the command of the ruler
or his deputy, because carrying out the hadd punishments without the authority
of the ruler may lead to mischief, and destroy any sense of security in the
society, and undermine the position of the ruler. End quote.
You have to warn the people against this practitioner of witchcraft and
against going to him, and explain that this action may lead a person to kufr and
going beyond the pale of Islam.
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