Ques. 1: How do we understand the affair of a Muslim who died upon Tawheed but he has purposely killed another Muslim? How can this person (murderer) leave the hellfire especially due to the fact that a severe punishment is mentioned in the Quran with the mentioning of the hellfire, and remaining in it, and the curse and anger of Allah upon such an individual? Please benefit us in this regard, may Allah reward you.
Ans: In the name of Allah, indeed all praise belongs to Allah. May the peace and blessings be upon our Prophet Muhammed and upon him family members and all his companions. The answer to your question comprises several aspects,
the first of them: Murder with intent which takes place between two believers is considered from the major crimes and sins. The proof for this is the statement of Allah:
{And whoever intentionally kills a believer, then his punishment is remaining in the hellfire, the anger of Allah and His curse, and indeed Allah has prepared for him a tremendous punishment.} Surah al Nisa:93
The Sunnah has also warned the believer from purposely killing his believing brother. If a person does happen to fall into this action, then he will receive a legislated governed punishment (by way of the rulers) in this life as long as the guardian or relative of the murdered individual does not pardon the murderer. If, on the other hand, he pardons the murdered, he (the guardian or relative) will receive a reward, but if he chooses for the blood money to be paid, it would then be paid to him, but the murderer must still repent to Allah (even if the blood money is paid).
The next affair which relates to this answer is that Allah has named the killer the brother or companion to the guardian of the murdered individual. Allah said:
{So whosoever is pardoned by his brother…} Surah al Baqarah:178
Therefore Allah has named the killer and the guardian of the murdered individual brothers to one another. Consequently, if the killer was a disbeliever, Allah would have not named him a brother to the guardian of the murdered individual.
The third point which is related to this answer is what is mentioned concerning ‘khulood’ (remaining in the hell-fire). There are two meanings of ‘khulood’. The first meaning is to remain in the hell-fire for eternity; this meaning applies to the disbeliever and the polytheist. The second meaning indicates dwelling in the hell-fire for a long period of time. This applies to the person who meets Allah while indulging in a major sin which he has not repented from, such as purposely killing another believer.
There are two punishments for intentional killing; the first of these punishments is expiated by way of repentance, which expiates the punishment that a person would receive on the Day of Judgement. The second punishment, which is conducted by the ruler, this punishment can only be expiated if the guardian of the murdered individual pardons the killer.
And indeed Allah knows best.
Translated by Mustafa George (hafidhahullaah)
Posted from : Question and Answer session with Sheikh ‘Ubaid al Jabiree – Mustafa George DeBerry
Uzair ibn Nasser 