Author: M. Asem Ismail Zahi
The Wisdom and Philosophy of Qisas (Retribution) and Its Effects (Part 9)
2. Doubt
Islam, on the one hand, emphasizes the right of retribution (Qisas) for the guardians of the victim’s blood, yet on the other hand, it recommends that they forgive the killer. Is this not a kind of contradiction between two approaches?
Answer:
“Qisas” (Retribution) is one of the fundamental and significant punishments in Islamic criminal law.
The Noble Qur’an states: “يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَى بِالْأُنْثَى، فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ” Translation: “O you who believe! Retribution (Qisas) is prescribed for you in cases of murder: the free for the free, the slave for the slave, and the female for the female. But if any remission is made to one by his (aggrieved) brother, then grant any reasonable demand and pay with good conduct.” [1]
The punishment of retribution, as outlined in Islamic principles, plays an irreplaceable role in preserving life in society. “وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ” Translation: “And there is life for you in retribution, O people of understanding, so that you may become God-conscious.” [2]
Accepting retribution as a legitimate punishment in Islamic law is a response to an innate and natural human need.
The foundation of retribution lies in the belief that the arousal of anger in a person whose family member’s blood has been shed is instinctive and natural—and that only decisive justice can restrain the evil of the self and calm the intense anger of the guardian of the victim.
If the state denies this right to the aggrieved, it is natural for the individual to take matters into their own hands to seek justice. In such a situation, it is unreasonable to demand patience and emotional restraint from the bereaved. Such an expectation reveals a failure to comprehend the gravity of the tragedy and the pain that has afflicted them.
Is it reasonable to expect someone whose father, child, or close relative has been unjustly killed—and who is overwhelmed emotionally—to remain calm, not confront the murderer, and allow the killer to continue enjoying the blessings of life and freedom, serving only a short prison sentence and then being pardoned and released? Islam adopts a balanced and moderate approach in its response to the crime of murder.
Before the revelation of the verse on retribution, the Arabs did practice Qisis, but without placing any limits or proportion to it. The Jews upheld the principle of retribution, while the Christians favored forgiveness and blood money (diya). Islam, however, chose a middle path between abolishing retribution and affirming it. It accepted retribution but removed its compulsion, giving the guardian of the victim the choice between retribution, forgiveness, or accepting blood money. Islam also made justice and equality a condition in its application of retribution.
The Priority of Forgiveness in Qisas
Beyond granting the right of retribution and forgiveness to the victim’s guardian, Islam actually encourages forgiveness.
Verses from the Qur’an advise the guardian and the one who holds the right of retribution to forgive and promise goodness for doing so.
Thus, Islam neither ignores the emotional toll of the crime on the victim or the family (granting them the right of retribution), nor does it inflame the spirit of revenge and hatred in society (recommending forgiveness and promising reward for it).
Islam, while acknowledging the intense psychological condition of the victim or guardian and respecting their natural rights, grants them the right of retribution.
Then, it attempts to incline the heart of the aggrieved toward mercy and forgiveness of the offender—encouraging pardon despite having the ability to exact justice.
In other words, the victim or the guardian, while having the means to retaliate, chooses forgiveness out of spiritual greatness and religious upbringing. This act can deeply influence the soul of the offender and prepare them for reform. [3]
Continues…
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[1]. Surah Al-Baqarah, verses: 178-179.
[2]. Surah Al-Baqarah, verses: 178-179.
[3]. Muhammad Abu Zahra, The Philosophy of Punishment in Islamic Jurisprudence, p. 299, Publisher: Institute of Higher Arab Studies, Publication Date: 1966 AD.
Khosroshahi, Qudratullah, The Philosophy of Qisas from the Perspective of Islam, p. 215, Publisher: Boostan Kitab Institute, Year of Publication: 1380 AH, Iran – Tehran.
