Author: Mohammad Asem Ismailzahi
The Wisdom and Philosophy of Qisas (Retribution) and Its Effects (Part 6)
The Importance of Retribution (Qisas)
On the one hand, retribution is the guarantor of the life of society; because if the rule of retribution does not exist and evil people feel safe, social order and security will be disrupted and the lives of innocent and helpless people will be at risk.
On the other hand, it is the guarantor of the life of a person who has the motivation to kill others, because it has a deterrent effect and reminding him of the dangerous consequences of murder to some extent prevents him from thinking of betrayal and murder.
In addition, Islam’s advice to observe moderation and equality in retribution is considered the most important factor in preventing the spread of revenge and combating the traditions of ignorance, and in this way, it is also the source of life for society; because in the past, sometimes one murder would lead to several murders. The spirit of revenge in the era of ignorance (in the East and the West) had no limits or standards. Islam put an end to this wrong practice and legalized the phenomenon of murder and retaliation. The phrase «لعلكم تتقون» “that you may be pious” below the verse of Qisas (retribution) is actually a warning to avoid any kind of aggression and transgression, which perfectly complements the wise ruling of retribution in Islam.
Along with the recommendation of moderation in retribution, the prescription of forgiveness along with retribution in Islam is a completely logical combination that has many effects and blessings upon its implementation.
In this way, the importance of a human being’s life and death is fully revealed from the perspective of the Quran. Considering the fact that the verses related to retribution were revealed in an environment where human blood had absolutely no value, it reveals the greatness of the law of Qisas.
Reasons for the legitimacy of retribution (Qisas)
Scholars consider retribution to be one of the Islamic infallible laws, which is confirmed by many verses. Some of the Quranic reasons for retribution are as follows:
1. «وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ، لَعَلَّكُمْ تَتَّقُونَ» Translation: “Without a doubt, taking retribution on the murderer will preserve your life and continue your life, O wise ones (and then no one will dare to kill others because he knows that he will also be killed, and this philosophy is not hidden from the wise and knowledgeable. Perhaps this retribution will cause you to refrain from killing each other.” [1]
2. «كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَى بِالْأُنْثَى» Translation: “The punishment for the killing is prescribed for you: the free for the free, the slave for the slave, and the female for the female.” [2]
3. «وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصُ»
Translation: “And We decreed for them (the Children of Israel) in the Torah that life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds also have retribution.” [3]
4. «وَالْحُرُمَاتُ قِصَاصٌ فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ» Translation: “And (the violation of) limits is punishable by retribution. So, whoever transgresses against you, transgress against him as he transgressed against you.” [4]
A comparison between retribution in the pre-Islamic era and in the Islamic era
The retribution system among the Arabs was based on the principle that whenever a member of a tribe committed a murder, the entire tribe was responsible for this crime, unless that tribe expelled the criminal itself, stopped supporting him, and announced it in public gatherings. Therefore, the blood owner and guardian of the victim demanded retribution from his tribe for the killer and others, and sometimes the scope of this demand became so extensive that it ignited the fire of war between the two tribes of the killer and the victim. Whenever the tribe of the victim enjoyed greater honor and supremacy, the scope of the demand for the blood of the victim expanded further. In addition, it often happened that some tribes ignored the demand for the blood of the victim and gave extensive support to the murderer, and did not pay any attention to the relatives of the victim, as a result of which the fire of long wars was ignited, many innocent lives were ruined and innocent blood was shed.
When Islam came, it disrupted this oppressive system and method and set limits for it, declaring that only the criminal and murderer are responsible for crimes and murders, and the guilt and responsibility for committing crimes lies solely with the person who committed the crimes and murders. Therefore, the Qur’an says: «يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ في القَتلَى الحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَى بِالْأُنثَى، فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْى فَاتِّبَاعٌ بِالْمَعْرُوفِ وَ أَداءُ إِلَيْهِ بِاحْسانِ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ، فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ وَ لَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ» Translation: “O you who believe, the law of retribution is prescribed for you in relation to those who are killed: a free man is to be killed for a free man, a slave for a slave, and a woman for a woman. So if one of the murderers is pardoned for the blood of his murdered brother, and the guardian of the murdered refrains from killing the murderer and agrees to pay blood money, and the law of retribution is changed to blood money, then the acceptable way should be followed, and in the method of paying the blood money, the condition of the payer should be taken into account, and the murderer should pay the blood money to the guardian of the murdered in a good manner, and he should not be forgiving in this matter. This ruling, meaning that retribution is permissible and that it is permissible to convert it into blood money, is a concession and mercy from your Lord to you, who has left your hand free and has not made one of them obligatory; rather, you can choose either one as you wish. So whoever transgresses after that, meaning that he kills someone other than the murderer or kills the murderer again after pardoning and forgiving and taking blood money, will suffer a painful punishment for this transgression, which will be retaliated against in this world and in the Hereafter he will be punished with the fire of Hell. For you in retribution is life and livelihood, O people of understanding, so that you may be pious. That is, retribution causes many lives to be protected and not killed in vain, and no one attempts to kill, or it happens less often, as a result, the lives of the murderer and the other victims and other people will be safe.” [5]
Continues…
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References:
1. Surah Al-Baqarah, verse: 179.
2. Surah Al-Baqarah, verse: 178.
3. Surah Al-Ma’idah, verse: 45.
4. Surah Al-Baqarah, verse: 194.
5. Surah Al-Baqarah, verse: 178-179.
