Question:
If the police torture someone unlawfully, does that person have the right to retaliate physically? And if he resists and dies in the process, can he be considered a martyr?
Answer:
From the Islamic perspective, retaliation in such a situation is not permitted. From the legal perspective as well, it is not permitted.
Sometimes lawyers may casually say, “You have the right to defend yourself.” But we must look at the reality of the situation. In such moments, you are alone. The police are organized, armed, and supported by a system. One wireless message is enough for many officers to gather within minutes.
Islam does not ignore reality. The Qur’an itself acknowledges human limitations.
In Surah Al-Anfal (8:65), the believers were initially commanded that one of them should stand firm against ten enemies. Later, in the very next verse (8:66), Allahﷻ reduced that expectation. One believer was asked to stand against two enemies. Allahﷻ Himself states that this reduction was because He knew there was weakness among the believers.
What does this teach us?
It teaches that resistance is meaningful only when it is proportionate and realistic. If one or two people attack you, defending yourself is possible. But if ten or twenty people surround you, resisting physically will not bring benefit. It will only increase harm.
A police station functions with coordinated force. If you attempt to fight back against a group of officers, the situation will only escalate further. Islam does not command a person to throw himself into certain destruction.
Some people think that if they die while resisting oppression, they will automatically be considered martyrs. But the concept of shahādah in Islam is not based on reckless confrontation. In situations of struggle, two possibilities normally exist: the possibility of victory, and the possibility of death. Both remain open.
But when death is the only likely outcome and there is no realistic chance of success, that is not the path Islam commands.
So, what should a person do instead?
Islam does not tell us to surrender to injustice silently. Rather, it directs us to pursue justice through lawful means.
The law itself provides mechanisms. Under the Indian Penal Code, several sections address unlawful violence and abuse of authority. Causing hurt intentionally falls under Section 323. Causing hurt with dangerous weapons falls under Section 324. Inflicting harm to extract a confession is covered under Section 330. Wrongful confinement is addressed in Section 342.
If abuse occurs, the first step is to file a complaint at the police station itself. If the station refuses to register it, the complaint can be sent through registered post. Today, many states also allow online complaints.
Beyond that, one can approach higher officers such as the Deputy Superintendent of Police or the Superintendent of Police. A complaint can also be filed before a magistrate. The court can order a medical examination to document the injuries. Medical records must be preserved carefully.
There are also institutions specifically meant to address such abuses, such as the State Human Rights Commission and the National Human Rights Commission.
When cases are pursued seriously and twenty or twenty-five officers are held accountable under the law, brutality will naturally decrease.
So, the question should not be, “What can we do?”
The answer is clear: use the law, pursue justice through the system, and hold wrongdoers accountable in the proper way.
