Author: Mohammad Asim Ismail Zahi
The Wisdom and Philosophy of Qisas (Retribution) and Its Effects (Part One)
Abstract
Islam is a large set of value systems in which judgment and arbitration play a major and prominent role. All contemporary legal systems have principles that are sometimes different from each other; because the experts of these schools have put forward theories that are different from each other.
Some believe that crime is born of the human species, meaning that it is human, commits crimes and violates the rights of individuals in society; therefore, humans must be educated and punished in order to have a healthy society. And some believe that it is society that provides the ground for crime to occur, when society does not apply the rights of all individuals equally, an unhealthy economy provides the ground for crime to occur, so it is society that must be reformed and the criminal is born of an unhealthy society.
But the religion of Islam put an end to these theories and legislated “Qisas”(retribution). Islam legislated Qisas and bound it to limits and conditions, so that justice is established and aggression and chaos in killing are prevented. The implementation of Islamic Qisas restores security to society and becomes a means of maintaining it, and dries up and destroys the root of bloodshed, war, and destruction, as it had a deplorable example in the pre-Islamic era and in other nations. At the same time, while the implementation of Qisas prevents aggression and oppression against society and heals the wounded feelings of society, Islam has paid more attention to the private aspect of this crime. For this reason, it has legislated the punishment of retribution as a “right of mankind” and has granted the right of retribution to the relatives of the deceased to console their spiritual pain and suffering, and so that Muslims can live in peace and harmony in a healthy society, free from chaos, and fulfill their duty to Allah.
Keywords: Qisas, Islam, society, doubt, wisdom, encroachment.
Introduction
The property, life, honor, and reputation of all human beings, “not just Muslims,” are respected in the eyes of Islamic law. No one has the right to violate the privacy of others. And violating the legitimate rights of no one is acceptable under any circumstances.
Islam insists primarily on the faith and belief of its followers to ensure its rulings, and creates the strongest executive guarantee in society by conquering their hearts. Islam relies more on the spiritual development, moral excellence, and strengthening of the faith and belief of Muslims in reducing crime and delinquency in society than anything else, and it has been more successful in this way than any other school of thought.
A Muslim considers Allah to be the observer at all times and places, and does not allow himself to deviate from His law in the presence of Allah. Belief in the resurrection and the punishment and reward of all good and bad deeds of man minimizes crime and betrayal in society, and Islam has mentioned the most severe punishments in the hereafter for violating the rights of others.
The Holy Quran states about intentional killing, emphasizing the punishment for murder in the hereafter: “وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا” Translation: “Whoever kills a believer intentionally, his recompense is Hell, to abide therein forever, and Allah is angry with him and has cursed him and has prepared for him a great punishment.”[1]
And also about those who make the society insecure and scare the people by drawing weapons, he says: “إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلاَفٍ أَوْ يُنفَوْا مِنْ الأَرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنيَا وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ” Translation: “Indeed, the punishment of those who wage war against Allah and His Messenger and strive for corruption in the land (by creating insecurity in society or engaging in banditry, murder, and plunder) is that they will be killed or crucified or their hands and feet be cut off on opposite sides or they be expelled from the land. That is their humiliation and disgrace in this world, and in the Hereafter, they will have a great punishment.” [2]
But it is clear that relying solely on faith and the mention of punishment and reward in the hereafter cannot protect the privacy of individuals in society from the encroachments of aggressors and criminals in general, and ensure the comfort and security of society. Even in the most civilized human societies, there are individuals who neither believe in the afterlife nor have benefited from humanity. They brutally attack the privacy of weak and defenseless people, shed human blood, and leave families without guardians. This is why, in addition to strengthening faith and improving human character in terms of morality and human virtues, it is necessary to provide a just and proportionate punishment for aggressors and criminals in this world, so that the privacy of all human beings is protected and peace is created in society.
Continues…
References:
1. Surah Al-Nisa, verse: 93.
2. Surah Al-Ma’idah, verse: 33.
