ROOT ق ص ص

2:195; 5:46.

Important Words:

قصاص (retaliation) is derived from قص. They say قصه i.e. (1) he cut it (hair, etc.), or be clipped it; (2) he followed him closely or followed in his footsteps; and (3) he described or narrated it. قاص الرجل means, he did with the man the like of that which he did to him; he retaliated on him for the wrong done to him. اقص الامیر زیدا من بکر means, the Amir retaliated upon Bakr for the wrong he had done to Zaid. قصاص therefore, means, retaliation, by slaying for slaying, and wounding for wounding, etc. (Aqrab) or the following up of a murder or an injury with a view to retaliating or punishing (Mufradat).

القتلی (the slain) is the plural of قتیل in the sense of مقتول i.e. a murdered person (Aqrab).

الحر (freeman) is derived from حر meaning: (1) he was free-born; (2) he was of good and noble origin. حرالارض means, the best portion of land. Thus الحر means; (1) a freeman, opposite of slave or captive; (2) a noble person; (3) the good and pure portion of a thing (Aqrab).

Commentary:

This verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are expected to lead to improvement and betterment of conditions.

The words کتب علیکم i.e. "is prescribed for you" show that retaliation for the slain is not simply permissible but is obligatory. Failure to inflict the punishment prescribed by Law on the offender would be tantamount to a violation of the commandment. The duty, however, of punishing the culprit does not devolve on the heirs of the murdered person but, as the plural number of the expression علیکم (for you) shows, on the authorities responsible for the maintenance of law and order. But, as the singular number of the expression اخیه (one’s brother) shows, the former have been given the option to forgive. The clause, therefore, means that on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, and on the other hand the heirs of the murdered person are not entitled to take the law into their own hands and inflict the punishment on the guilty person themselves.

The verse under comment makes no distinction between different classes of persons in connection with the law of retaliation. The words used are of a general nature and apply to all offenders who might be guilty of murder, no matter of what rank or station in life or of what religion. Any person, irrespective of his caste or creed and irrespective of his station, must be put to death for the murder of any other person, unless pardoned by the relatives of the victim and unless the pardon has the sanction of the authorities. The sayings of the Holy Prophet are explicit on this point (Majah, ch. on Diyat).

There is indeed a saying of the Holy Prophet to the effect that a Muslim should not be put to death for killing a disbeliever. But this saying, read in conjunction with several others bearing on the same subject and interpreted in the light of the relevant Quranic verses, forces us to the conclusion that the word "disbeliever" in the tradition referred to above is not general but means only a حربی کافر i.e. such disbeliever as belongs to a people who are at war with the Muslims or, in other words, one who is a member of a belligerent community. In fact, the Companions of the Holy Prophet are all agreed that a Muslim may be put to death for murdering a non-belligerent unbeliever (Tabari, v. 44). The Holy Prophet himself ordered a Muslim murderer to be put to death for the murder of a non-belligerent non-Muslim (Qutni).

The expression, the freeman for the freeman and the slave for the slave and the female for the female, does not mean that a freeman should not be punished with death for the murder of a slave or that a woman should not be put to death for killing a member of the opposite sex, etc. The other verses of the Quran as well as the sayings and the practice of the Holy Prophet clearly establish the fact that the social position of a person or the sex of a party was never considered a bar to the application of this law. The peculiar construction, i.e. "the freeman for the freeman," etc. has been adopted here to refer to, and abolish, a custom of the Arabs whereby they used to take into consideration the sex and the social status of the murderer and the murdered person when determining punishment. If a man of high social position happened to kill a man of humble position, or if the slave of a great man killed that of a humble man, or if a lady of noble birth murdered a woman of humble origin, etc. the murderer was not punished with death, leniency being shown to him or her in sundry other ways as well. The commandment contained in this verse seeks to abolish that obnoxious custom of the Arabs and lays down in clear and unmistakable terms that no regard should be paid to the status of the murderer in the matter of retaliation.

In fact, the law of retaliation, as stated in this verse, is confined to the clause, equitable retaliation in the matter of the slain is prescribed for you, which forms a complete sentence in itself, giving a full and complete meaning. The ensuing expression, the freeman for the freeman and the slave for the slave and the female for the female, is something extra, not forming part of the law. It only contains a repudiation of the Arab custom referred to above and illustrates, by giving three instances, how the law is to be administered. Such an expression is known as جملة استینا فیه or جملة مستانفه in Arabic grammar, and is technically introduced with a view to answering a question which is suggested by the preceding clause to which it is added without any intervening conjunction. The question answered in such an expression is often understood and not expressed (Mukhtasar).

The sayings of the Holy Prophet and his practice also support the above interpretation, for it is on record that he once ordered a woman to be put to death for murdering a man (Muslim), and on another occasion he commanded that a freeman be put to death for the murder of a slave. Says the Holy Prophet: "Whoever kills his slave shall be put to death" (Majah). At another place he says: "The blood of all Muslims is alike in respect of the law of retaliation" (Nasa’i).

The words, if one is granted any remission by one’s brother, show that the infliction of capital punishment is not obligatory in all cases; for in special circumstances the murderer can be exempted from the extreme punishment by the heirs of the murdered person. Such exemption, which may be termed partial as the word شیء (any) indicates, means that the heirs of the deceased may renounce their right to have the murderer put to death and may in place of that receive from him blood money. Or as the Holy Prophet has made it clear, the heirs may, in exceptional cases and with the sanction of the authorities, even grant full pardon, remitting blood-money as well (Musnad & Baihaqi).

It is worthy of note that where the Quran speaks of remission, it uses the word "brother" instead of "heir of the murdered person". This is to hint to the heir of the slain person that he should, as far as possible, take a lenient view of the offence. On the other band, the murderer is also enjoined to pay blood money with good grace and without undue delay.

The concluding clause, i.e. whoso transgresses thereafter, for him there shall be a grievous punishment, is meant to point to the fact that if, after the matter has been amicably settled and the murderer granted a remission by the heirs of the murdered person, the heirs should take it into their heads to wreak vengeance on the murderer by killing him, they will be shown no mercy and will get capital punishment. Says the Prophet: "I will allow no remission in case of one whokills the murderer after he has accepted blood money from him" (Jarir).

The Islamic law of قصاص (retaliation), as briefly stated above, provides a very effective and practical means to put a stop to murder and safeguard human life. A man who shows a callous disregard for the life of a fellow person, loses his title to live as a member of human society. The option to pardon allowed to the heirs of the slain person should not be regarded as likely to encourage murder, for such option is not synonymous with exemption from punishment, as in ordinary circumstances the murderer will have to pay the blood money. Moreover, the would-be murderer possesses no means to know that the heirs of the person whose murder he contemplates will actually be persuaded to pardon him; so the fear of capital punishment will always be there to deter him from the commission of the crime. Again, pardon or remission is permissible only where the circumstances are such that pardon or remission is likely to improve matters and bring about good results for all parties concerned (42:41). Thus, while on the one hand, Islam has made due provision for the suppression of crime, it has, on the other, kept open the door for the display of the noble qualities of benevolence and mercy.

The way in which the Quran has upheld the ultimate necessity of the death penalty is indeed most significant. At the time when the Quran was revealed, people exacted retaliation for an injury done to them with a vengeance. They were not satisfied even with inflicting capital punishment on the murderer, to say nothing of pardoning him. They needed no incentive to retaliation. They were already overdoing it. In fact, the Islamic law of retaliation, viewed in the light of the circumstances prevailing at the time of its revelation, implied a prophecy that a time would come when people would go to the other extreme and a movement for the total abolition of capital punishment would be set on foot. So the Omniscient God laid down the law of retaliation in a form that is indispensable for the preservation and protection of human life, as well as the promotion of harmony and goodwill.

To prevent crime, Islam really aims at eliminating the conditions that produce it. It seeks to remove the very root-cause of all crime by working a complete moral reformation in man. But it does not remain content with that. It also prescribes deterrent laws in conformity with the dictates of reason, justice and humanity. The fact that, despite efforts to the contrary, the death penalty is still found on the Statute Books of most countries in one form or another, constitutes a sufficient proof of the wisdom of the Islamic teaching. As a matter of fact, even the most enthusiastic protagonists of the abolition of capital punishment have not yet been able to suggest a suitable alternative to it. They have had to admit that a long term of imprisonment as an alternative is "horrible" and is "not an ideal substitute" (Capital Punishment in the Twentieth Century by E. Roy Calvert, G. P. Putnam, London, 1930). The law of retaliation still remains the most effective deterrent to crime and an essential method to satisfy the demands of justice; and the Islamic Law takes a further step to bring about reconciliation between the offender and the aggrieved party.

Important Words:

اولوا الالباب (men of understanding). الباب is the plural of لب (lubb) which is derived from (labba) meaning, he was or became possessed of لب i.e. understanding, intellect or intelligence. لب بالمکان means, he remained or dwelt in the place and kept to it. لب اللوز means, he broke the almond and took out its kernel. لب therefore, means: (1) the best and choicest part of anything; (2) kernel; (3) pith; (4) heart; (5) mind; (6) understanding, intellect and intelligence, because it is the choicest and best part of man; (7) the substance or essence of a thing (Lane). لب is something higher and purer than عقل (understanding), being the brightest and best part of it (Mufradat). It appears that لب is the name given to that quality in man which distinguishes him from other animals and makes him a rational being.

Commentary:

This verse, small in size but great in weight, points to the wisdom underlying the law of retaliation. The words used are full of beauty of diction of the highest order. As قصاص means the killing of the murderer in retaliation of his act, the expression is like saying, "There is life for you in death, O men of understanding." How fearful the saying but how eternally true! In fact, no peaceful social life is possible without the awarding of swift capital punishment to those who consider human life to be of so little consequence.

The clause, there is life for you in the law of retaliation, has a wider significance also. For a long time Muslims suffered at the hands of disbelievers indignities, persecution and even death in patient silence. But, when the cup of the iniquities of the enemies of truth became full to overflowing, further continuation of the policy of non-resistance became tantamount to the demoralization of the victims and their national death. They were, therefore, enjoined to take up arms against the aggressors and pay the wicked people in their own coin. Indeed in the law of retaliation lies hidden the secret of individual and national life. You retaliate and you live; you refrain from retaliating and you die an ignoble death. Such is the eternal and inexorable law of nature which has been so beautifully expressed in the verse under comment.

The words, O men of understanding, have been used to make a direct appeal to that quality in man which makes him a rational being and distinguishes him from other creatures. The Quran uses this expression whenever a strong appeal is to be made to man in his capacity as a rational being. God, as it were, says to men: "We have made you the noblest among Our creation and have bestowed on you the power of understanding and intelligence as We have bestowed it on none other. Will you not, therefore, be wise and try to understand things?"

See 2:179.

Important Words:

الشھرالحرام (Sacred Month). From the earliest pre-Islamic times, four out of the twelve lunar months have been regarded as sacred (9:36) in which fighting, etc., was held to be unlawful and people travelled in perfect peace and security. They were (1) Dhul-Qa‘dah, (2) Dhul-Hijjah, (3) Al-Muharram, and (4) Rajab, the first named three months occurring consecutively and the last separately. As حج (Pilgrimage) was performed in Dhul-Hijjah, the three consecutive months served as a safe period for travelling for the purposes of Pilgrimage, both for the inward and the outward journey. The month of Rajab was generally meant for عمرة (the Lesser Pilgrimage). The system was pre-Islamic not in the sense that it had its origin in pagan Arabia but in the sense that it came in vogue along with the institution of Pilgrimage established by Abraham under the commandment of God (22:27, 28). As Islam retained the institution of حج it naturally upheld the sanctity of the Sacred Months as well. Even warring tribes desisted from fighting at the approach of a Sacred Month when all bloodshed vanished from the land (Bukhari, Qastalani, Zurqani & Taj).

The words فاعتدوا علیه (punish him for his transgression) literally mean, "transgress against him", but as one who retaliates against the transgression of a party does not really transgress but simply punishes the transgression of the aggressor, the words have been rightly translated as punish him for his transgression. This is quite in accordance with the Arabic idiom; for, as shown under 2:16, the Arabs generally repeat the very word used for expressing the wrongdoing of a party to signify the punishment thereof.

Commentary:

The verse embodies an important principle. If, in fighting, the sanctity of a Sacred Month is violated by some tribe hostile to Islam, Muslims are not to sit hand-bound and allow the aggressors to victimize them. They should retaliate; for in such retaliation lies the very safeguarding of the sanctity of a sacred thing; otherwise, the enemy would be unduly encouraged and would be all the more emboldened to commit such sacrileges.

But as fighting in a Sacred Month is a dangerous thing (2:218) and as the punishment of an act of transgression is also likely to exceed proper limits and a slight error of judgement on the part of Muslims might make them sinful in the sight of God, the latter part of the verse suitably warns them to fear God and always remain within proper bounds; for, Allah is with those who fear Him.

Important Words:

القصص (account) is the noun-infinitive from قص. They say قص الشعر i.e. he cut or clipped the hair. قص علیه الخبر means, he related or narrated the news to him. قص اثرہ means, he followed after his track, or he followed him step by step. قصص (qisas) means, the act of narrating; narration or account; track or footsteps. قصص (qisas) with different vowel point, is the plural of قصةmeaning, a story, a narrative, etc. (Aqrab & Lane).

Commentary:

This verse partially repeats the sense of verse 3:61 above in order to impress upon the reader that the discomfiture of the Christian deputation in the challenge of مباھلة mentioned in 3:62 sets the seal upon the conclusion that Islam has truly triumphed over Christianity, and that there is no god but Allah Who, being "Mighty and Wise", needs no son or helper.

As stated in the verse, the facts narrated in the above verses constitute "the true account" about Jesus and not impossible things which his followers out of excessive love, or his enemies out of inveterate hatred, have attributed to him.

40:79.

Commentary:

The Quran mentions only 24 Prophets by name, whereas a saying of the Holy Prophet states that as many as 124,000 Prophets have appeared in the world (Musnad, v. 266). Elsewhere the Quran says: There is not a people to whom a warner has not been sent (35:25).

For an explanation of the clause, and Allah spoke to Moses particularly, see the preceding verse.

5:45, 48.

Commentary:

As the law mentioned in this verse is clearly stated to have belonged to the Torah, though it is not to be found in the Bible as we now have it, the words, And whoso waives the right thereto, constitute clear evidence of the fact that the teaching about forgiveness of which Christians boast so much was no monopoly of the Gospels. It was contained in the Torah also, though at the same time there can be no denying the fact that the teachings of Moses lay extra stress on retaliation, as do those of Jesus on forgiveness and non-resistance.

11:64; 12:109.

12:41, 68.

Commentary:

The verse calls upon the Holy Prophet to say to disbelievers what may be expressed as follows: "You are perversely sticking to your errors while I have clear evidence with me. You say, 'If we are in error, why does not God visit us with punishment?’ You must remember that it does not lie in my power to bring down punishment. It is God alone Who sends down punishment on whomsoever and at whatever time He wills and He is the Best of judges. He will justly decide the matter between you and me."

39:72; 40:51; 67:9-10.

7:38.

Commentary:

The words, Messengers from among yourselves, supply further evidence of the fact that the word jinn does not here refer to a separate creation but to only a section of human beings. We learn from the Quran that Moses and the Holy Prophet were sent as Messengers to jinn also (46:30-33; 72:2-16) and we find no trace of any separate Messengers having ever been raised from among jinn, which shows that the word jinn here refers only to a special class of men. It may also be noted here that this word when applied to the great and powerful persons from among men is generally used in a bad sense, being applied to the wicked among them.

Commentary:

God’s purpose in questioning the Messengers and the people (7:7 above) would not be to gain information or supplement His knowledge,––for He is All-Knowing—but, on the contrary, to impress upon both parties the extent and perfection of His own knowledge. After the people and the Prophets will have said what they will have to say, God Himself will tell them in detail what they did and what they should have done but failed to do, and thus the all-comprehensiveness of God’s knowledge will be fully brought home to them.

2:39; 20:124.

Commentary:

The point is worthy of special note that, like some previous verses (e.g. 7:27, 28 & 32), the address in the words, O children of Adam, is here made to the people of the Holy Prophet’s time and to the generations that are yet to be born and not to the people who lived in the distant past and followed Adam immediately. This form of address has been employed with a view to introducing an important subject which was to be conveyed to future generations of mankind. This is to the effect that Messengers of God will continue to appear as long as the children of Adam live upon this earth and that the opposition of the Holy Prophet’s enemies would not bring about his downfall nor the cessation of prophethood. The great promise which was held out to the progeny of Adam in the time of Adam (2:39) and according to which Messengers of God appeared among different peoples in different countries at different times will continue to be fulfilled till the end of time.

The words, if Messengers come to you from among yourselves, do not mean that Messengers of God may or may not come, just as the words, If there comes to you guidance from Me (2:39), do not mean that guidance might or might not come. Indeed, the word اما (if) is intended to mean that if you happen to live at a time when a Messenger of God appears, you should not fail to accept him. Thus the word is simply meant to leave the time unfixed; the Messenger of God may appear in one generation or another but whenever he appears, he must be accepted.

The words, rehearsing My Signs unto you, hint at the fact that the Messengers who were to come after the Holy Prophet were to bring no new Law but were to follow the Law of Islam; they were simply to "rehearse" or recite the verses already revealed in the Quran.