Surat Al-Baqarah - The Cow
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يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ ۚ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
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Ya ayyuha allatheena amanookutiba AAalaykumu alqisasu fee alqatla alhurrubilhurri walAAabdu bilAAabdi walonthabilontha faman AAufiya lahu min akheehi shay-on fattibaAAunbilmaAAroofi waadaon ilayhi bi-ihsaninthalika takhfeefun min rabbikum warahmatun famaniiAAtada baAAda thalika falahu AAathabunaleem
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O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.
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O Believers, the law176 of retribution has been prescribed for you in cases of murder; if a free man commits a murder, the free man shall be punished for it and a slave for a slave : likewise if a woman is guilty of murder the same shall be accountable for it.177 But in case the injured brother178 is willing to show leniency to the murderer, the blood money should be decided in accordance with the common law179 and the murderer should pay it in a genuine way. This is an allowance and mercy from your Lord. Now there shall be a painful torment for anyone who transgresses the limits after this.180176The Arabic word "visas" stands for the return of life for life in cases of murder. It does not, however, mean that the murderer should be killed in the same manner in which he committed the murder. It only means that his life should be taken as he took the life of the other.
177The principle of the equality of the value of human life has been prescribed here in order to meet the strictest claims of justice. The value of blood and consequently retribution for it are not to be determined by the rank of the slain or that of the murderer. It has, therefore, been clearly laid down that the murderer himself shall be made to pay for the blood.
Before the advent of Islam, they put a higher value on the blood of a member of their own clan and demanded the life of a man of the same rank from the clan of the murderer or the lives of scores or even hundreds from the tribe of the murderer according to the value put on the blood of the slain. On the other hand, if the murderer happened to belong to a higher rank than that of the slain, their "judgement" was that the life of the murderer should not be taken for the life of the slain. And this inequality in the evaluation of blood was not confined only to that age of ignorance. Even today the "civilised" nations are not ashamed of declaring openly that if one person of their nation is killed, they will take the lives of fifty men from the nation of the murderer. And they put these challenges into practice. We often hear that so many people belonging to the subject nation have been put to death to avenge the murder of one person belonging to the ruling nation. But if the murderer belonged to a "civilised" ruling nation and the slain to an "uncivilised" subject nation, their judges would not pass the sentence of death on him. In order to guard against these unjust rules, Allah has ordained that the life of the murderer and the murderer alone should be taken for the life of the slain, irrespective of the rank or race of the murderer or that of the slain.
178The use of the word "brother" here contains a kind of recommendation. That is, "Though the murderer has injured you very grievously, he is after all your brother by the human relation. Therefore, if you restrain your rage against your erring brother and refrain from retaliation and remit the penalty of death, you will raise your standard of humanity."
This verse also shows that, according to the lslamic Penal Code, even murder is a compoundable offence. The heirs of the murdered person have the right to pardon the murderer, if they deem it proper. In that case the court cannot insist on taking his life. Of course, the murderer will have to pay the blood money if the rightful claimants demand it.
179The word "ma'ruf" has been used in many places in the Qur'an. It refers to those just and rational rules of conduct which are generally known and accepted by all fair-minded people. They are so clear and well known that everyone who is not blinded by self-interest and prejudice will acknowledge them as right and just, and the Islamic law recognizes them in all those matters for which it has not laid down any regulations. Such common laws and general usages are termed "ma'ruf" .
180For instance, it will be transgression if the heirs of the slain try to retaliate even after accepting the ransom, or if the murderer does not mean to pay the ransom gracefully, or otherwise reacts in an ungrateful manner.
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Believers, just retribution is prescribed for you in cases of killing: a free man for a free man, a slave for a slave, and a female for a female. If something [of his guilt] is remitted to a person by his brother, this shall be pursued with fairness, and restitution to his fellow-man shall be made in a goodly manner. This is an alleviation from your Lord, and an act of His grace. He who transgresses thereafter shall face grievous suffering.
- filter_vintageThe Command and the Wisdom behind the Law of EqualityAllah states: O believers! The Law of equality has been ordained on you (for cases of murder), the free for the free, the slave for the slave and the female for the female. Therefore, do not transgress the set limits, as others before you transgressed them, and thus changed what Allah has ordained for them. The reason behind this statement is that (the Jewish tribe of) Banu An-Nadir invaded Qurayzah (another Jewish tribe) during the time of Jahiliyyah (before Islam) and defeated them. Hence, (they made it a law that) when a person from Nadir kills a person from Quraizah, he is not killed in retaliation, but only pays a hundred Wasq of dates. However, when a person from Quraizah kills a Nadir man, he would be killed for him. If Nadir wanted (to forfeit the execution of the murderer and instead require him) to pay a ransom, the Quraizah man pays two hundred Wasq of dates ﴿double the amount Nadir pays in Diyah (blood money)﴾. So Allah commanded that justice be observed regarding the penal code, and that the path of the misguided and mischievous persons be avoided, who in disbelief and transgression, defy and alter what Allah has commanded them. Allah said:﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى﴾(Al-Qisas (the Law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female.)Allah's statement:﴿الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى﴾(the free for the free, the slave for the slave, and the female for the female.) was abrogated by the statement life for life (5:45). However, the majority of scholars agree that the Muslim is not killed for a disbeliever whom he kills. Al- Bukhari reported that `Ali narrated that Allah's Messenger said:«وَلَا يُقْتَلُ مُسْلِمٌ بِكَافِر»(The Muslim is not killed for the disbeliever (whom he kills).)No opinion that opposes this ruling could stand correct, nor is there an authentic Hadith to contradict it. However, Abu Hanifah thought that the Muslim could be killed for a disbeliever, following the general meaning of the Ayah (5:45) in Surat Al-Ma'idah (chapter 5 in the Qur'an).The Four Imams (Abu Hanifah, Malik, Shafi`i and Ahmad) and the majority of scholars stated that the group is killed for one person whom they murder. `Umar said, about a boy who was killed by seven men, "If all the residents of San`a' (capital of Yemen today) collaborated on killing him, I would kill them all.'' No opposing opinion was known by the Companions during that time which constitutes a near Ijma` (consensus). There is an opinion attributed to Imam Ahmad that a group of people is not killed for one person whom they kill, and that only one person is killed for one person. Ibn Al-Mundhir also attributed this opinion to Mu`adh, Ibn Az-Zubayr, `Abdul-Malik bin Marwan, Az-Zuhri, Ibn Sirin and Habib bin Abu Thabit. Allah's statement:﴿فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ﴾(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully.) refers to accepting blood money (by the relatives of the victim in return for pardoning the killer) in cases of intentional murder. This opinion is attributed to Abu Al-`Aliyah, Abu Sha`tha', Mujahid, Sa`id bin Jubayr, `Ata' Al-Hasan, Qatadah and Muqatil bin Hayyan. Ad-Dahhak said that Ibn `Abbas said:﴿فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ﴾(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money)) means the killer is pardoned by his brother (i.e., the relative of the victim) and accepting the Diyah after capital punishment becomes due (against the killer), this is the `Afw (pardon mentioned in the Ayah).'' Allah's statement:﴿فَاتِّبَاعٌ بِالْمَعْرُوفِ﴾(...then it should be sought in a good manner,) means, when the relative agrees to take the blood money, he should collect his rightful dues with kindness:﴿وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ﴾( and paid to him respectfully.) means, the killer should accept the terms of settlement without causing further harm or resisting the payment.Allah's statement:﴿ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ﴾(This is an alleviation and a mercy from your Lord.) means the legislation that allows you to accept the blood money for intentional murder is an alleviation and a mercy from your Lord. It lightens what was required from those who were before you, either applying capital punishment or forgiving.Sa`id bin Mansur reported that Ibn `Abbas said, "The Children of Israel were required to apply the Law of equality in murder cases and were not allowed to offer pardons (in return for blood money). Allah said to this Ummah (the Muslim nation):﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ﴾(The Law of equality in punishment is prescribed for you in case of murder: the free for the free, the servant for the servant, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money),)Hence, `pardoning' or `forgiving' means accepting blood money in intentional murder cases.'' Ibn Hibban also recorded this in his Sahih. Qatadah said:﴿ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ﴾(This is an alleviation from your Lord)Allah had mercy on this Ummah by giving them the Diyah which was not allowed for any nation before it. The People of the Torah (Jews) were allowed to either apply the penal code (for murder, i.e., execution) or to pardon the killer, but they were not allowed to take blood money. The People of the Injil (the Gospel - the Christians) were required to pardon (the killer, but no Diyah was legislated). This Ummah (Muslims) is allowed to apply the penal code (execution) or to pardon and accept the blood money.'' Similar was reported from Sa`id bin Jubayr, Muqatil bin Hayyan and Ar-Rabi` bin Anas.Allah's statement:﴿فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ﴾(So after this whoever transgresses the limits, he shall have a painful torment.) means, those who kill in retaliation after taking the Diyah or accepting it, they will suffer a painful and severe torment from Allah. The same was reported from Ibn `Abbas, Mujahid, `Ata' `Ikrimah, Al-Hasan, Qatadah, Ar-Rabi` bin Anas, As-Suddi and Muqatil bin Hayyan.