The evidence on the prohibition of killing by burning is explicit:
Al-Bukhari reported "The Messenger of Allah (saw) sent us on a mission and said: "إِنْ وَجَدْتُمْ فُلاَنًا وَفُلاَنًا فَأَحْرِقُوهُمَا بِالنَّارِ" "If you find so and so and so and so, then burn the two with fire." Then the Messenger of Allah (saw) said, when we were about to leave: "إِنِّي أَمَرْتُكُمْ أَنْ تُحْرِقُوا فُلاَنًا وَفُلاَنًا، وَإِنَّ النَّارَ لاَ يُعَذِّبُ بِهَا إِلَّا اللَّهُ، فَإِنْ وَجَدْتُمُوهُمَا فَاقْتُلُوهُمَا" "I commanded you that burn so and so and so and so, although no one punishes with fire except Allah. So if you find the two, then kill them."
And Ahmad reported in his Musnad from Abu Hurayra (ra), who said: We were sent on a mission by the Messenger of Allah (saw), so he said:
إِنْ وَجَدْتُمْ فُلَانًا وَفُلَانًا لِرَجُلَيْنِ مِنْ قُرَيْشٍ فَأَحْرِقُوهُمَا بِالنَّارِ". ثُمَّ قَالَ رَسُولُ اللهِ حِينَ أَرَدْنَا الْخُرُوجَ: "إِنِّي كُنْتُ أَمَرْتُكُمْ أَنْ تُحْرِقُوا فُلَانًا وَفُلَانًا بِالنَّارِ، وَإِنَّ النَّارَ لَا يُعَذِّبُ بِهَا إِلَّا اللهُ عَزَّ وَجَلَّ، فَإِنْ وَجَدْتُمُوهُمَا فَاقْتُلُوهُمَا
"If you find so and so and so and so, the two men from the Quraysh, then burn them with fire." Then the Messenger of Allah (saw) said, while we were about to leave: "I commanded you that to burn so and so and so and so with fire, but only Allah Almighty punishes with fire. So if you find the two, kill them."
Thus, burning animate beings with fire is haram. The prohibition is general and not restricted to human beings and therefore it encompasses every creature. The Hukm Shar'i is the prohibition of punishment or killing with fire and all that this comprises, such as punishment or killing with electricity.
As for the Hadith some mention where they understood killing with fire and burning is Makruh (disliked) and not Haram (forbidden) through the indication of the term "I shall be ashamed of Allah", then this deduction is prevailed, because the Prophet (saw) said afterwards: "لَا يَنْبَغِي لِأَحَدٍ أَنْ يُعَذِّبَ بِعَذَابِ اللَّهِ" "It is not rightful for anyone to punish with the punishment of Allah."
This is the text of the Hadith:
Saeed Bin Mansoor reported in his Sunan from Ibn Abi Najih, who said: "The Messenger of Allah (saw) sent out a company and said: إِنْ وَجَدْتُمُوهُ فَاجْعَلُوهُ بَيْنَ حِزْمَتَيْ حَطَبٍ، ثُمَّ أَشْعِلُوا فِيهِ النَّارَ" ثُمَّ قَالَ: "إِنِّي لَأَسْتَحْيِي مِنَ اللَّهِ لَا يَنْبَغِي لِأَحَدٍ أَنْ يُعَذِّبَ بِعَذَابِ اللَّهِ..."If you find him, then place him between two packs of firewood and then set him on fire." Then he (saw) said: "I shall be ashamed of Allah, it is not rightful for anyone to punish with the punishment of Allah..."
So as you see, the Messenger of Allah (saw) after his saying "لَأَسْتَحْيِي مِنَ اللَّهِ" "I shall be ashamed of Allah" Said: "لَا يَنْبَغِي لِأَحَدٍ أَنْ يُعَذِّبَ بِعَذَابِ اللَّهِ" "It is not rightful for anyone to punish with the punishment of Allah."
If this is summed up with the Hadith of al-Bukhari, it becomes clear that punishment or killing with fire are Haram.
Great answers start with great insights. Content becomes intriguing when it is voted up or down - ensuring the best answers are always at the top.
Questions are answered by people with a deep interest in the subject. People from around the world review questions, post answers and add comments.
Be part of and influence the most important global discussion that is defining our generation and generations to come