Author: Mohammad Asem Ismail Zahi
The Wisdom and Philosophy of Qisas (Retribution) and Its Effects (Part 8)
Some doubts about retribution and their response
Doubt
Some say that blood cannot be washed away with blood; society or the guardian of the victim should not repeat the criminal act of the criminal. Killing the murderer has the same undesirable effects as the crime of murder and leads to the death of the criminal, as well as suffering, torment, sometimes leaving his family without a guardian and depriving the society of another of its members; so why should we add to the damage and loss that has already occurred by killing the murderer! If an animal attacks another animal and kills it, is it not foolish and a result of improper planning to kill the murdering animal? Does killing the murdering animal restore life to the murdered animal? There is no doubt that the death of the attacked animal is a loss; is it advisable to increase this loss by killing another animal? It is expedient to temporarily separate the killer animal from the herd in order to protect other animals, because it can be disciplined and then returned to the herd so that it can continue its life in peace and tolerance. Human society has the same ruling. Killing the killer does not bring life back to the victim; rather, it increases the amount of damage, so the killer should be separated from the community and rehabilitated, and returned to the community so that he can continue to live a peaceful life with other members of society.
Many answers can be proposed to this doubt.
First: Not permitting retribution will promote personal revenge between the relatives of the victim and the killer, and this conflict may also extend to the relatives of the killer and expand its scope, causing the situation to worsen and making other murders and loss of property. But if the relatives of the deceased are given permission to retaliate, these negative effects will be prevented and they will either retaliate, take blood money, or pardon the murderer.
Second: Retribution will bring life to society; although the retaliatory killing of a murderer is apparently the death of one person and deprives society of an individual; in reality, it is life for all people and protects all people from a quick and widespread death. The life that is in retribution comes from the criminals’ refraining from committing a crime; a person who is certain that his life is worth the life of his victim thinks, hesitates, and calculates, and the result of his fear of his own death is often his refraining from getting his hands dirty with the blood of others, and in this way, the life of the person who was about to be killed is preserved; Moreover, the life that is in retribution comes from the healing of the hearts of the relatives of the deceased, who see that the murderer has suffered the same fate as the victim.
Third: Murder is one of the vices that Islam is very keen to eradicate, and it equates the killing of “one individual” with the killing of “the human race.” The courage to kill a human being and the attainment of the prerequisites for it are so important that it may lead to the individual gaining the courage to destroy the entire human race; therefore, Islam seeks to eliminate the grounds for acquiring the courage to kill, even if it is the courage to kill one individual, and transform its prerequisites into grounds for peace, tranquility, and sacrifice. In addition, the legislation of retribution is to ensure the social life of humans; otherwise, forgiveness, indulgence, and reconciliation on blood money are recommended more than the execution of retribution.
Fourth: In the punishment of retribution, there is a justice that is beyond the reach of rational imagination and has advantages that are not found in imprisonment or any other punishment: First, it is a punishment equal to the crime, because crime is an intentional violation of the self, and justice requires the imposition of a punishment similar to it; Second, when committing a crime, it makes the person aware that a punishment similar to the crime awaits him and makes him anxious and hesitant, because he feels that if he commits a crime, he cannot escape this punishment; Third, retribution quells the anger of the guardian of the victim; Fourth, above all, it brings about a superior social life, because it eradicates the wicked; Therefore, the Holy Quran says in verse 179 of Surah Al-Baqarah: «وَ لَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ » Translation: “And for you in retribution is life, O people of understanding, that you may become righteous”. [1]
Fifth: The main purpose of the punishment of retribution is to save people and create stability in social life. According to verse 32 of Surah Al-Ma’idah: “Whoever kills a person without committing murder or corruption on earth, it is as if he had killed all of humanity.” Allah Almighty attributes the same value to the individual as He does to society. Killing an individual, like rebelling against society and mass killing its members, is a very serious crime and carries a heavy punishment. The best way to maintain social stability in the crime of intentional murder is retribution.
Sixth: The continuation of the life of the society is at the mercy of the punishment of retribution, and its absence leads to the wasting of blood and affairs are in the hands of the powerful. The punishment of retribution gives the society a superior life in which the society has security in life, property, and wealth. Therefore, in verse 179 of Surah Al-Baqarah, the word “life” is used in the form of an indefinite.
Seventh: The fundamental source of objections to the punishment of retribution is the lack of understanding of the truth and greatness of human life. Those who oppose retribution for murder do not pay attention to the fact that by ignoring retribution under the pretext of valuing human life, they are devaluing the concept of “human life”; because they indirectly instill in people that the destruction of a human life is equivalent to a few years in prison or a certain amount of money. As a result, by this unjust ruling, they are taking the greatest step in helping to instill the absurdity and worthlessness of human life.
Eighth: They want the life of the murderer, not that they are compassionate towards him and consider his life sacred. Their goal in this effort is only material interests; By preventing death from the murderer, they seek to keep him alive as a factor of production that will bring them more profit, while the murderer, through his evil act, deprived a human being of life and did not value the emotions and thoughts of the victim’s relatives. Opponents of retribution do not consider that continuing the life of the murderer and imprisoning him for only a certain period of time will encourage him and encourage and persuade others to take the same path.
Ninth: Comparing the killing of a human being by another human being to the killing of an animal by another animal is indicative of a materialistic and incorrect view of human, and his reduction to the level of an animal; because an animal does not understand the value of its own kind and the effects of its actions and is not capable of instilling respect and non-aggression in it; in addition, by imposing punishment and threatening it, an animal cannot be stopped from its behavior; However, in Islamic thought, human is a being with intellect, capable of education and training, and can understand the value of his fellow human being and respect his life, and he can be restrained from violating the physical integrity of his fellow human being by imposing and threatening punishment.
Continues…
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References:
1. Surah Al-Baqarah, verse: 178-179.
2. Fikri Ahmad Akkaz, The Philosophy of Punishment in Islamic Sharia and Law, p. 167, Publisher: Dar Al-Shorouk – Beirut – Lebanon, Publication date: 1403 AH. Asghari, Sayyed Shokrollah, Islamic penal system and answers to doubts, pp. 68 and 69; Publisher: Ba’ath, year of publication: 1366 AH, Tehran.
