what are the consequences and can people use it to kill people.
Praise be to Allaah.
Yes, there is sihr that can kill. When discussing different
forms of murder the scholars have mentioned that the person who kills another by means of
a kind of sihr that usually kills should be executed (qisaas –
retaliation), because he has killed by means of something that usually kills. Ibn Qudaamah
said in al-Mughni (9/330): “The sixth kind: if he killed him by means of a
kind of sihr that usually kills, then he has to be executed, because he has killed
by means of something that usually kills, like killing by use of a knife. If he killed by
means of something that does not usually kill or something that sometimes kills and
sometimes does not, then he has to pay diyah (blood-money), but qisaas is not required,
because he intended to do harm, and it is akin to beating someone with a stick (which may
or may not kill).”
The ruling concerning the saahir (practitioner of sihr)
in al-Mawsoo’ah al-Fiqhiyyah (24/267) says that in the case where he killed a
person by means of his sihr… the majority say that killing by means of sihr
may be done deliberately, in which case qisaas is required. According to the
Maalikis, evidence or a confession is required. According to the Shaafi’is, if the
person whom the practitioner of sihr killed was his equal , then qisaas is required
if the killing was deliberate, which may be proven by a confession on the part of the saahir,
such as his saying “I killed him by means of my sihr”, or “I killed
him with this type of thing”, supported by the testimony of two reliable witnesses
who have practised sihr in the past but have now repented, who can confirm that
this kind of sihr usually kills. If it is a type that does not usually kill, then
the matter is more akin to manslaughter.
And Allaah knows best.
Sheikh Muhammed Salih Al-Munajjid