Praise be to Allaah.
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. This has been
explained in the answer to question no.
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):
judge (you O Muhammad) among them by what Allaah has revealed and follow not
their vain desires”
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
whosoever does not judge by that which Allaah has revealed, such are the
Zaalimoon (polytheists and wrongdoers — of a lesser degree)”
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
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
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):
(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
Woe to me! Would that I had never taken so‑and‑so as a Khaleel (an intimate
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.’”
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.
of the Standing Committee said:
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.
al-Lajnah al-Daa’imah (1/552).
answer to question no. 13941
we have quoted the 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.
mentioned the conditions of the ruler in carrying out hadd punishments in
the answer to question no. 8980,
where we mentioned that there is scholarly consensus on this point.
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.