Topic: For Murder
View Aspects
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُتِبَ عَلَيْكُمُ ٱلْقِصَاصُ فِى ٱلْقَتْلَى ۖ ٱلْحُرُّ بِٱلْحُرِّ وَٱلْعَبْدُ بِٱلْعَبْدِ وَٱلْأُنثَىٰ بِٱلْأُنثَىٰ ۚ فَمَنْ عُفِىَ لَهُۥ مِنْ أَخِيهِ شَىْءٌ فَٱتِّبَاعٌۢ بِٱلْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَٰنٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ ٱعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُۥ عَذَابٌ أَلِيمٌ
2:195; 5:46.
اس کے معنے یہ ہیں کہ اگر کوئی آزاد آدمی کسی کو قتل کر دے تو خواہ مقتول غلام مرد ہو یا غلام عورت۔ یا آزاد مرد ہو یا آزاد عورت‘ اسی آزاد قاتل کو قتل کرکے بدلہ لیا جائے گا۔ اسی طرح اگر کوئی قاتل غلام ہو تو اسی قاتل غلام سے بدلہ لیا جائے گا اور اگر قاتل عورت ہو تو اسی قاتل عورت سے (خواہ وہ حُرّ ہو یا غلام) بدلہ لیا جائے گا۔
2:195; 5:46.
The 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 calculated to lead to improvement and betterment of conditions.
The words "is prescribed for you" show that retaliation for the slain is obligatory. Failure to inflict the punishment prescribed by Law on the offender is tantamount to violation of the Divine commandment. The duty, however, of punishing the culprit devolves not on the heirs of the murdered person but, as the plural ‘Alaikum (for you) shows, on the authorities responsible for the maintenance of law and order. The former, however, have been given the option to forgive. So whereas 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, on the other the heirs of the m
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.
a
2:195; 5:46.
2
اس کے معنے یہ ہیں کہ اگر کوئی آزاد آدمی کسی کو قتل کر دے تو خواہ مقتول غلام مرد ہو یا غلام عورت۔ یا آزاد مرد ہو یا آزاد عورت‘ اسی آزاد قاتل کو قتل کرکے بدلہ لیا جائے گا۔ اسی طرح اگر کوئی قاتل غلام ہو تو اسی قاتل غلام سے بدلہ لیا جائے گا اور اگر قاتل عورت ہو تو اسی قاتل عورت سے (خواہ وہ حُرّ ہو یا غلام) بدلہ لیا جائے گا۔
a
2:195; 5:46.
185
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.
a
2:195; 5:46.
204
The 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 calculated to lead to improvement and betterment of conditions.
The words "is prescribed for you" show that retaliation for the slain is obligatory. Failure to inflict the punishment prescribed by Law on the offender is tantamount to violation of the Divine commandment. The duty, however, of punishing the culprit devolves not on the heirs of the murdered person but, as the plural ‘Alaikum (for you) shows, on the authorities responsible for the maintenance of law and order. The former, however, have been given the option to forgive. So whereas 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, on the other the heirs of the m
وَلَكُمْ فِى ٱلْقِصَاصِ حَيَوٰةٌ يَٰٓأُو۟لِى ٱلْأَلْبَٰبِ لَعَلَّكُمْ تَتَّقُونَ
یعنی قصاص کے حکم سے ناواجب قتل و خون کم ہو جائے گا اور لوگوں کی اصلاح ہو جائے گی۔
The Islamic law of retaliation provides a very effective means to put a stop to murder and safeguard human life. A man, who shows a callous disregard for human life loses all title to live as a member of human society. Pardon or remission is permissible only where the circumstances are such that it 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 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 ordinance. 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
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?"
1
یعنی قصاص کے حکم سے ناواجب قتل و خون کم ہو جائے گا اور لوگوں کی اصلاح ہو جائے گی۔
186
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?"
204A
The Islamic law of retaliation provides a very effective means to put a stop to murder and safeguard human life. A man, who shows a callous disregard for human life loses all title to live as a member of human society. Pardon or remission is permissible only where the circumstances are such that it 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 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 ordinance. 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
وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَـًٔا ۚ وَمَن قَتَلَ مُؤْمِنًا خَطَـًٔا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦٓ إِلَّآ أَن يَصَّدَّقُوا۟ ۚ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ۖ وَإِن كَانَ مِن قَوْمٍۭ بَيْنَكُمْ وَبَيْنَهُم مِّيثَٰقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ۖ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ ٱللَّهِ ۗ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا
58:5.
As when actual or virtual state of war exists there is the likelihood that a Muslim may be killed by another Muslim by mistake, the present verse gives a timely warning to Muslims to be always on their guard against such an eventuality.
In case the slain person is a believer but happens to belong to a hostile people, then the offender shall only free a believing slave and no blood-money shall be levied on him, because money paid to a hostile people would go to strengthen their military power against Islam. In the expression, and if he be of a people between whom and you is a pact, the words, and he be a believer, have not been repeated, in order to point out that the law with regard to the Dhimmis (disbelievers under the protection of Muslims), or Mu‘ahids (disbelievers belonging to a people in alliance with Muslims) is the same as for the Muslims.
It is worthy of note that disbelievers who are in alliance with Muslims have not only been placed on a par with the latter, but even a distinction has been made in their favour. In case a Muslim is slain, the command relating to the payment of penalty has been placed after the injunction to free a slave; while in case one belonging to a people in alliance with Muslims is slain, the order has been reversed; the injunction to pay the penalty to his heirs having been put before the injunction to free a slave. This has been done to impress upon Muslims the need of showing special regard for treaties and pacts. The payment of penalty was an obligation which Muslims owed to disbelievers with whom they had made a pact, and it is in order to bring home to them the lesson that they should have particular regard for their pacts and treaties, that the injunction to pay the penalty has in their case been placed before the injunction to free a slave.
58:5.
Commentary:
As the preceding verses contained injunctions which if misconstrued or misapplied, were likely to lead to a Muslim being killed by a Muslim, the present verse gives a timely warning against such an eventuality.
The words, It does not become a believer to kill a believer, have been used to make a touching appeal to believers to abstain from killing each other, since they are like brothers. It, in no case, behoves a brother to kill a brother. The words thus contain an important injunction which forms a fitting sequence to the one contained in the preceding verses concerning the hypocrites. The verse cautions a Muslim to be always on his guard lest in carelessness he should happen to kill a brother Muslim.
In case the slain person is a believer but happens to belong to a hostile people, then the offender shall only free a believing slave and no blood money shall be levied on him, because money paid to a hostile people would go to strengthen their military power against Islam which can in no case be allowed.
In the expression, and if he be of a people between whom and you is a pact, the words, and he be a believer, have not been repeated, in order to point out that the law with regard to the dhimmis (disbelievers under the protection of Muslims), or Mu‘ahids (disbelievers belonging to a people in alliance with Muslims) is the same as for Muslims.
It is worthy of note here that disbelievers who are in alliance with Muslims have not only been placed on a par with the latter, but even a distinction has been made in favour of the former. In case a Muslim is slain, the command relating to the payment of fine has been placed after the injunction to free a slave; while in case one belonging to a people in alliance with Muslims is slain, the order has been reversed, the injunction to pay the fine to his heirs being put before the injunction to free a slave. This has been done to impress upon Muslims the need of showing special regard for treaties and pacts. The payment of fine was an obligation which Muslims owed to disbelievers with whom they had made a pact, and in order to bring home to Muslims the lesson that they should have particular regard for their pacts and treaties, the injunction to pay the fine has in their case been placed before the injunction to free a slave.
a
9:5.
b
58:5.
a
58:5.
561
Commentary:
As the preceding verses contained injunctions which if misconstrued or misapplied, were likely to lead to a Muslim being killed by a Muslim, the present verse gives a timely warning against such an eventuality.
The words, It does not become a believer to kill a believer, have been used to make a touching appeal to believers to abstain from killing each other, since they are like brothers. It, in no case, behoves a brother to kill a brother. The words thus contain an important injunction which forms a fitting sequence to the one contained in the preceding verses concerning the hypocrites. The verse cautions a Muslim to be always on his guard lest in carelessness he should happen to kill a brother Muslim.
In case the slain person is a believer but happens to belong to a hostile people, then the offender shall only free a believing slave and no blood money shall be levied on him, because money paid to a hostile people would go to strengthen their military power against Islam which can in no case be allowed.
In the expression, and if he be of a people between whom and you is a pact, the words, and he be a believer, have not been repeated, in order to point out that the law with regard to the dhimmis (disbelievers under the protection of Muslims), or Mu‘ahids (disbelievers belonging to a people in alliance with Muslims) is the same as for Muslims.
It is worthy of note here that disbelievers who are in alliance with Muslims have not only been placed on a par with the latter, but even a distinction has been made in favour of the former. In case a Muslim is slain, the command relating to the payment of fine has been placed after the injunction to free a slave; while in case one belonging to a people in alliance with Muslims is slain, the order has been reversed, the injunction to pay the fine to his heirs being put before the injunction to free a slave. This has been done to impress upon Muslims the need of showing special regard for treaties and pacts. The payment of fine was an obligation which Muslims owed to disbelievers with whom they had made a pact, and in order to bring home to Muslims the lesson that they should have particular regard for their pacts and treaties, the injunction to pay the fine has in their case been placed before the injunction to free a slave.
a
58:5.
649
As when actual or virtual state of war exists there is the likelihood that a Muslim may be killed by another Muslim by mistake, the present verse gives a timely warning to Muslims to be always on their guard against such an eventuality.
650
In case the slain person is a believer but happens to belong to a hostile people, then the offender shall only free a believing slave and no blood-money shall be levied on him, because money paid to a hostile people would go to strengthen their military power against Islam. In the expression, and if he be of a people between whom and you is a pact, the words, and he be a believer, have not been repeated, in order to point out that the law with regard to the Dhimmis (disbelievers under the protection of Muslims), or Mu‘ahids (disbelievers belonging to a people in alliance with Muslims) is the same as for the Muslims.
651
It is worthy of note that disbelievers who are in alliance with Muslims have not only been placed on a par with the latter, but even a distinction has been made in their favour. In case a Muslim is slain, the command relating to the payment of penalty has been placed after the injunction to free a slave; while in case one belonging to a people in alliance with Muslims is slain, the order has been reversed; the injunction to pay the penalty to his heirs having been put before the injunction to free a slave. This has been done to impress upon Muslims the need of showing special regard for treaties and pacts. The payment of penalty was an obligation which Muslims owed to disbelievers with whom they had made a pact, and it is in order to bring home to them the lesson that they should have particular regard for their pacts and treaties, that the injunction to pay the penalty has in their case been placed before the injunction to free a slave.
وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُهُۥ جَهَنَّمُ خَٰلِدًا فِيهَا وَغَضِبَ ٱللَّهُ عَلَيْهِ وَلَعَنَهُۥ وَأَعَدَّ لَهُۥ عَذَابًا عَظِيمًا
25:69, 70.
25:69, 70.
25:69-70.
Commentary:
The solidarity of Islam and the tie of brotherhood among believers have been made absolutely inviolable. One who knowingly kills a fellow Muslim is like one who kills a son of his own father under the very eyes of the latter. The father would have nothing to do with such a man.
c
25:69, 70.
a
25:69-70.
562
Commentary:
The solidarity of Islam and the tie of brotherhood among believers have been made absolutely inviolable. One who knowingly kills a fellow Muslim is like one who kills a son of his own father under the very eyes of the latter. The father would have nothing to do with such a man.
b
25:69, 70.