I adjure you by God. Are you aware that God’s Messenger said, “It is not lawful to kill a man who is a Muslim except for one of three reasons: fornication after marriage, or unbelief after accepting Islam, or wrongfully killing someone, for which he may be killed”? I swear by God that I have not committed fornication before or after the coming of Islam, or apostatised since I swore allegiance to God's Messenger, or killed anyone whom God has declared inviolate; so for what reason do you want to kill me? Tirmidhi, Nasa'i and Ibn Majah transmitted it, and Darimi gives the wording of the tradition.
The Prohibition of Unlawful Killing
This sacred tradition establishes the fundamental Islamic principle that the life of a Muslim is inviolable except for three specific, grave offenses. The Prophet's words serve as a divine limitation on capital punishment, ensuring justice is administered according to strict Shariah parameters rather than arbitrary human judgment.
The Three Capital Offenses
Fornication after marriage (Zina al-Muhsan): This refers to adultery committed by a married person, punishable by stoning according to classical jurisprudence. The condition of marriage (ihsan) indicates the gravity of violating the sacred marital covenant.
Unbelief after accepting Islam (Kufr ba'da al-Islam): This denotes apostasy (riddah), the conscious abandonment of Islam after having embraced it willingly. Scholars note this applies to those who publicly renounce core Islamic beliefs, not mere doubts or minor sins.
Wrongful killing (Qatl al-Nafs bi-ghayri haqq): This establishes the principle of qisas (retaliation) for intentional murder, where the victim's heirs may demand equivalent punishment, reflecting the Quranic principle of "a life for a life" (Surah Al-Baqarah 2:178).
Legal Implications & Scholarly Commentary
The speaker's solemn oath demonstrates the procedural rigor required in Islamic law—capital punishment demands conclusive evidence and eliminates reasonable doubt. Classical scholars emphasize that these three exceptions require strict evidentiary standards through proper Islamic courts.
Imam al-Nawawi comments that this hadith forms the foundation of Islamic criminal law, protecting Muslim life while maintaining social order through divinely prescribed punishments. The three exceptions balance God's rights (huquq Allah) and human rights (huquq al-'ibad).
Contemporary Relevance
This tradition reminds modern Muslims that Islamic law severely restricts capital punishment, contrary to misrepresentations. It establishes due process, presumption of innocence, and proportional punishment—principles that align with modern justice systems when properly implemented according to classical scholarly standards.