Author: Mohammad Asem Ismail Zahi
The Wisdom and Philosophy of Qisas (Retribution) and Its Effects (Part 7)
Effects of Retribution
We can understand the reason and philosophy behind legislation of retribution by looking at the effects that it leaves on society. Allah Almighty states three important and prominent effects for retribution in verse 179 of Surah Al-Baqarah.
These effects are:
⦁ Deterrence from Murder
Undoubtedly, retribution is an important factor in deterring people from committing crimes, especially intentional murder; because awareness of equal punishment prevents a wise person from destroying himself by his own hand and from preparing the ground for cutting off his own limbs; therefore, publicness has been legislated in the implementation of retribution so that wise people, upon seeing the punishment for committing crimes, know that any criminal act can lead to such retribution.
⦁ Piety
Achieving a level or levels of piety is one of the other reasons and goals of legislating the law of retribution, which is stated in the verse; Of course, this piety can be in the sense of absolute and idiomatic piety; as it can be in the sense of literal piety, in the sense that the legislation of retribution provides a basis for the piety of the wise and makes them aware of the causes and objectives of the commandments and teachings of Allah Almighty; therefore, it views the prohibitions of Allah Almighty from the perspective of the expediency and benefit that exists in the provisions of the commandments.
In this sense, the purpose of legislating the law of retribution is to be a warning to the wise in society, to be careful of their actions and behavior and to avoid committing crimes and misdemeanors and criminal abnormalities so that they do not fall victim to retribution and do not lose their limbs and lives.
⦁ Community Life
In this verse, Allah Almighty explicitly considers retribution as the most important factor in the life of the community and, addressing the rational people of the community in the reason for legislating this ruling, says: that the community finds life through retribution; because if the cancerous tumor of intentional murder is not cut off and removed from the community through the surgery of retribution, it can contaminate the entire community and bring death and destruction to that community; because the security of life, property, and wealth is one of the most important reasons for the creation of human communities, and if this element and philosophy that created the community is destroyed due to intentional murders or if the members of the community kill each other to punish the murderer, there will be no community left and the foundations of its formation will collapse; therefore, Allah Almighty has made the life of the community dependent on retribution and its implementation.
In any case, the implementation of retribution in the form mentioned and according to Islamic principles and customs not only does not cause a social crisis; Rather, it is a factor in social life and the vitality of society and acts as a deterrent to committing sins and crimes.
The wisdom and philosophy of retribution by killing or taking blood money
The legislation of retribution in Islam was a very important step in creating a just penal system free from any excesses; this was at a time when there was ruthless war and bloodshed due to the killing of a human being, and some tribes would engage in enmity, hatred, and killing of each other for years because of the killing of one person.
However, if we follow the course of the legislation of retribution in the Holy Quran, we find that in addition to the verses that indicate retribution, whether absolutely in the permissibility of retribution or specifically in the permissibility of retribution for murder and injury, a very important fact has been taken into account, and that is that in all these verses, after accepting the principle of permissibility of retribution, the principle of preferring forgiveness and patience over revenge has been emphasized, and there is not even a single case of emphasizing the use of the right of retribution.
The settlement of this world depends on human society; Therefore, if the human race decreases or is destroyed, the world will also be destroyed. Since the will of Allah Almighty has not yet been directed towards the destruction of the world, He has decreed a severe and definitive punishment for those who try to harm, hurt, and disturb people by killing them, so that some will not transgress and encroach on others, which will cause general discord and destruction of the world. He has made this punishment of two types: one is retribution by killing, and the other is blood money with money, if they agree with each other. The wisdom of retribution by killing is to establish a measure of justice and equality between people, so that the punishment is of the nature of action. As Allah Almighty said in the Holy Quran: “… أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصُ” Translation:”… Indeed, a soul for a soul, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and wounds are subject to retribution.” [1]
And this ruling is widespread and popular among nations that have a constitution; because their legal principle is that whoever commits murder must be killed, and the wisdom with us is that if the murderer is not killed, it will cause the fire of hatred to be kindled in the hearts of the victim’s relatives; Because the blood of the victim is an indisputable right for them against the killer, and the fulfillment of these rights can only be achieved by shedding the blood of the killer. Since this right was not given to them, they seek revenge and forcibly kill the killer. At this time, the family and relatives of the killer try to kill someone from the relatives of the victim first, and in this way, killings continue between the two sides until these killings spread to clans and tribes, causing war and strife between the two clans and killing several people. In the present era, we see that many murder crimes are committed as a result of revenge, where people are killed and the ruling body and those in charge do not punish the killer with Islamic retribution.
And the wisdom in taking blood money, if it is taken through reconciliation, is that it is intended to benefit both parties. Because whenever the murderer gives money in exchange for peace, it is as if he has given a new lease of life to his own life, and when the relatives of the victim receive money as a form of reconciliation, that money is used in every way to sustain their lives and livelihood. The most important benefit is that they become the main reason for the murderer’s new life, and this is something that indicates their noble morals and honorable character. Often, their hearts become pure and the previous affection flow between them after reconciliation. When you pay attention to the depth of these verses, you will understand the meaning of Allah Almighty’s statement in the Quran: “وَ لَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ” Translation: “And there is life for you in retribution, O you who have understanding, so that you may be righteous.” [2]
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.
And undoubtedly, you have understood that the owner of the law has based all his works on wisdom and has not left human careless and self-willed. [3]
Continues…
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References:
1. Surah Al-Ma’idah, verse: 45.
2. Surah Al-Baqarah, verse: 178-179.
3. Jirjai, Ali Ahmad, Wisdom and Philosophy of Sharia, p. 501, Wisdom of retribution, translated by Abdul Wahid Ahrari, Sheikh Al-Islam Ahmad Jam Publications: 1380 AH.
