How does the Quranic law of retribution work ?

[ahmad]

[2:178] Saheeh International
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.

• Does this mean that if a free man murders another free man of another tribe/community then the retribution is to kill any other free man of the other tribe or is the just retribution only to kill the person who committed the crime ?
• What happens if a Free man murders a slave ? How will the issue be settled ?
• But whoever overlooks from his brother How can the verse include "brother" if it is clearly stated elsewhere in the Quran that believers are not to kill each other.
• Also according to verse 5:32 for instance, one cannot take a life of another human being except if it is a retribution for murder or corruption in the land. Its not stated "the free for the free" rather, its seems to be treating humans equally. (Any human can be executed for taking the life of any other human )
• Is this verse related to a specific context I am not aware of ?

This has been confusing me for some time, I would appreciate if anyone can shed some light on the matter.

Thank you in advance 

[Joseph Islam]

Dear Ahmad,

As-salamu alaykum

Please kindly note that I have an article which addresses this matter below [1]:

In summary:

The Quranic law is prescribed for believers. It does not govern the actions of non-believers.

Hence:

• If a believer kills a non-believer intentionally, then the person responsible (believer) is held accountable, (life for life) whether the murderer is a freeman, slave or a female. Hence the expression, - freeman for the freeman, slave for the slave, the female for the female (etc.) (2:178).
  However, if the offer of suitable payment to the murdered individual’s family / people is accepted by them, then this will be considered as a concession  (2:178) and the life of the believer will be spared (2:179).
• If a believer kills a believer intentionally - then the punishment is life and further condemnation to hell (as an additional punishment by God). - (4:93). No exceptions are noted in verse 4:93.
• If a believer kills a non-believer or believer unintentionally (manslaughter) - then verse 4:92 applies: i.e. freeing of a believing slave and blood money must be paid to the family / people of the slain (unless they forgo it as alms). If the tribe is hostile and the murdered is a believer, then freeing of the believing slave suffices. However, if the tribe is not hostile and a treaty is in place (whether the murdered is a believer or a non-believer) then blood-money needs to be paid along with the freeing of a believing slave. If there is no slave to free, then one must fast two months consecutively seeking repentance from God to remit the obligation.

Therefore, please see my responses in blue italics to your comments below:

Does this mean that if a free man murders another free man of another tribe/community then the retribution is to kill any other free man of the other tribe or is the just retribution only to kill the person who committed the crime?

Absolutely not. That would be most unjust and immoral to hold someone else responsible for the crime someone else committed. There is no warrant for such an interpretation from the Quran. Only the person responsible for the murder is accountable. If it is the freeman, then the freeman is responsible. If it is a slave, then the slave is responsible, if it is a female, then the female is responsible.  Hence the expression - freeman for the freeman, slave for the slave, the female for the female (etc.) (2:78)

What happens if a Free man murders a slave? How will the issue be settled?

• If the freemaan is a believer and he kills a slave intentionally who is not a believer, then (1) applies subject to exception.
• If the freeman is a believer and he kills a slave unintentionally, then (3) applies
• If the freeman is a believer and he kills a slave intentionally who is also a believer, then (2) applies. (Life for life and condemnation to hell)

But whoever overlooks from his brother How can the verse include "brother" if it is clearly stated elsewhere in the Quran that believers are not to kill each other.

As I noted in the article "(**) The Arabic word 'akhihi' (his brother) in the expression 'faman ufiya lahu min akhihi' in my humble opinion may not necessarily represent 'his brother' literally. This would amount to an unnecessary linguistic restriction as a literal brother may not always be applicable in the case of the murdered. The term 'akhihi' within the context may denote 'brethren in faith' which would then possibly imply the legal heirs or community."

Also according to verse 5:32 for instance, one cannot take a life of another human being except if it is a retribution for murder or corruption in the land. Its not stated "the free for the free" rather, its seems to be treating humans equally. (Any human can be executed for taking the life of any other human)

Indeed, and nothing in the verses that you are quoting contradicts that if understood correctly. Verses such as 2:178, 4:92-93, simply elaborate on the rule that the Quran only sanctions the right to take a life in two cases:
 

• As a retribution for causing 'fasaad' (gross mischief / evil, beyond all bounds) in the land.
• As a retribution for murder holding the murderer accountable only.

Is this verse related to a specific context I am not aware of?

If you kindly consider the verses as respectfully shared above, I trust that you will appreciate that there will thus be no need for an isolated context.


I hope that helps, God willing,
Joseph



REFERENCE:

[1] QURANIC PUNISHMENT - MURDER vs MANSLAUGHTER
http://quransmessage.com/articles/murder-manslaughter%20FM3.htm

[good logic]

Greetings  Ahmad.

يٰأَيُّهَا الَّذينَ ءامَنوا كُتِبَ عَلَيكُمُ القِصاصُ فِى القَتلَى الحُرُّ بِالحُرِّ وَالعَبدُ بِالعَبدِ وَالأُنثىٰ بِالأُنثىٰ فَمَن عُفِىَ لَهُ مِن أَخيهِ شَىءٌ فَاتِّباعٌ بِالمَعروفِ وَأَداءٌ إِلَيهِ بِإِحسٰنٍ ذٰلِكَ تَخفيفٌ مِن رَبِّكُم وَرَحمَةٌ فَمَنِ اعتَدىٰ بَعدَ ذٰلِكَ فَلَهُ عَذابٌ أَليمٌ


" Kissas" as I understand it is the  "law of equivalence". God wants us to save lives not take lives?

The verse adds "  If one is pardoned by the victim's kin, an appreciative response is in order, and an equitable compensation shall be paid. This is an alleviation from your Lord and mercy.

Also the next verse makes this clear;
2:179
وَلَكُم فِى القِصاصِ حَيوٰةٌ يٰأُولِى الأَلبٰبِ لَعَلَّكُم تَتَّقونَ

Equivalence is a life saving law for you, O you who possess intelligence, that you may be righteous

In my opinion Quran  discourages capital punishment.The victim's kin may find it better, under certain circumstances, to spare the life of the murderer in exchange for an equitable compensation. Every case of murder needs a thorough investigation to avoid injustice.

GOD bless you.
Peace.

[ahmad]

Dear brother Joseph,
Thank you for clarifying the issue and covering all my questions in detail. 

I hope you don't mind me asking a follow up question. But maybe it was easier to identify believers from non-believers in the first generation, but how can one know who is a believer now, especially when most parties claiming to be Muslim are fighting each other ?  And even if they weren't there is always the perspective you kindly shared in the following article: ARE SOME ‘MUSLIMS’ OF TODAY ANY DIFFERENT FROM THE QURAISH (MUSHRIKEEN) OF OLD? How then can we reach a correct judgement, if only god knows who are the true believers (regardless if one believes himself to be a believer or not).


Dear brother Good logic,
Thank you for you input.

[Joseph Islam]

Dear Ahmad,

As-salamu alaykum

You kindly comment:

"But maybe it was easier to identify believers from non-believers in the first generation"

I am not convinced that this was the case as the Quran clearly indicates that in certain circumstances, even the prophet did not know who the hypocrites were, yet who arguably prayed alongside him.

009:101
"And from among those from around you of the Arabs there are hypocrites, and (also) from among the people of Madinah; They persist (stubbornly) in hypocrisy. You do not know them; We know them; We will punish them twice then shall they be turned back to a grievous chastisement"

There is further support for this in other verses:

• They stand up for prayer, but without earnest or meaning only to be seen of men, but they do not think of God (4.142).
• Even the Prophet is pleased with their looks and their words, but they are useless and arrogant (63:4-5).
• They disbelieved even after accepting Islam. They promised that they would remain righteous after receiving the bounty but did not. They lied. God knows who they are, their secret thoughts and counsels (9:73-80).
• They say to the Prophet that they believe and bear witness, but they are liars (63:1).
• They say they believe in the message and the scriptures before, yet they seek judgement elsewhere. They say they only mean well. They lie. God knows what is in their hearts (4:60-63)

If the Prophet didn't know, one is inclined to conclude that from the prophet's perspective, he considered them as believers.

Therefore, ultimately, only God knows best what is inside the hearts of mankind.

However, from a logistical, community perspective, certain parameters were given to outwardly assess who believers could be. For example, those who practiced salaat and gave zakaat would be deemed as 'brothers in religion' (fa-ikh'wanukum fi'dini) (9:11). One finds a little more elaboration from the allegiances women gave in verse 60:11. Those that expressed solidarity with the primary facets of belief as defined in verse 2:285 (Belief in God, The angels, His Books, His messengers without distinction and the Last Day) would possibly also qualify as believers, at least from an outwardly perspective. I would be inclined to argue that this would also apply today (as an outward indication), even though (as was the case before) some wandered from the straight path adding wayward beliefs and practices (9:102) to the good they did.

However, the Quran also appears to provide broad criteria of what may find respite with God as:

• Belief in One God Alone of One essence with no associated partners
• Belief in the unseen Day of Judgment
• Good deeds

(4:39-40; 2:62, 5:69, 60:6; 65:2; 9:18-19; 9:44;  9:99; 2:228; 2:232; 24:2; 29:36; 33:21)

I hope that clarifies to some extent, God willing.
Joseph

[Joseph Islam]

Dear Good Logic.

As-salamu alaykum

You share:

In my opinion Quran  discourages capital punishment.

In my humble view, the Quran provides options. However, I do not feel this amounts to 'discouragement' as the Quran makes it clear that authority has been given to the heir of the murdered to demand just retribution which includes capital punishment.

017.033
"And slay / kill not the life which God has forbidden except by right. And whoever is killed wrongfully, verily We have given power / authority for his heir, but let him not exceed in the killing (only holding the perpetrator responsible). Indeed! he will be helped."

The Quran is not averse from making it clear when a particular action is a better course such as in the case of giving charity secretly (2:271) over making it public. This is clearly not the case in the matter of Qisas.

002.271
"If you disclose the charities (publicly), it is well / good, but if you keep it secret and give it to the poor, then it will be better for you, and He will remove from you some of your evil deeds. And God is All-Aware of what you do"

Regards,
Joseph

[ahmad]

Dear brother Joseph,
Thank you for you reply and clarification.



PS:I meant that most of the first generation were converts. So, arguably no one inherited belief, rather it was based on critical thinking. Not to mention the various tests by god to filter those who were truthful and those who weren't. (Although, of course, there were hypocrites among them, like you mentioned).

[good logic]

Greetings Joseph.

Thank you for your post

Although I agree with you  authority to enforce justice is given to the heir, in the case of {17:33}, however it is also adding that the heir should not exceed the limit in avenging the murder?

That and {2:179},in my opinion discourages  capital punishment.

The most Merciful made life sacred . Repentance ,even by the hardest of the criminals is always possible,if they are forgiven and given the chance?
Of course it depends on the severity of the crime!

GOD bless you.
Peace.

[Joseph Islam]

Dear Good Logic,

As-salamu alaykum

You share:

however it is also adding that the heir should not exceed the limit in avenging the murder?

With respect, I feel that you are completely ignoring the clear Arabic. The verse says: fa la yusrif fi qatli  "but let him not exceed in the killing". It does not say not to exceed the limit of avenging the murder. You have, with respect, completely interpolated to suit your interpretation.

Furthermore, I shared with you clear evidence where the Quran unequivocally expresses where something is to be encouraged or by implication, discouraged. Hence, the Quran is not averse to state such sentiments if it needs to. This it did not do in the verses of Qisas. Only options were granted with the possibility of saving a life.

Thus, with respect, I find no merit for your view from the Quran.

I trust that we can simply agree to disagree.

Regards,
Joseph

[good logic]

Greetings Joseph.

What does "let him not exceed in the killing" Mean?

Surely the whole context of the verse has to make sense?

Also  [2:179] :
وَلَكُم فِى القِصاصِ حَيوٰةٌ يٰأُولِى الأَلبٰبِ لَعَلَّكُم تَتَّقونَ

Here, Qoran encourages us to save life not take life?

Surely brother ,forgiveness and mercy is better than "capital punishment" in many cases .  Like{2:178} indicates that if the heir wants to forgive and  accepts compensation- i.e other punishment- instead , then that is up to them?

GOD bless you.
Peace.

[Joseph Islam]

Dear Good Logic,

As-salamu alaykum

What does "let him not exceed in the killing" Mean?
Surely the whole context of the verse has to make sense?

Yes indeed it has to make sense, and arguably it does make clear sense, just not in the manner that you appear to expect it to. The Quran makes it clear that only the perpetrator of the crime must be held responsible. Hence the expression "...freeman for the freeman, slave for the slave, the female for the female (etc.)" (2:178). For example, it would be an excess in 'killing' if lets say a party of the deceased sought revenge from the murderer's family / relatives (as collective punishment). This is what the Quran clearly forbids.

Also  [2:179] :
وَلَكُم فِى القِصاصِ حَيوٰةٌ يٰأُولِى الأَلبٰبِ لَعَلَّكُم تَتَّقونَ

Here, Qoran encourages us to save life not take life?

Not at all. Here the Quran simply states that in the law of requital, the option of life is present. "For you in 'Qisas' is life (present)". There is no encouragement or discouragement in the verse. It is simply a statement of fact and an option is granted. If the Quran elaborated by saying that this was better for you, then you would have a point. As it stands, the Quran mentions no such thing. I have clearly shared with you the verse which states: "...verily We have given power / authority for his heir..." (17:33)

Surely brother ,forgiveness and mercy is better than "capital punishment" in many cases.  Like{2:178} indicates that if the heir wants to forgive and  accepts compensation- i.e other punishment- instead , then that is up to them?

Again Good Logic, you are repeatedly attempting to interpolate into the verses something which is not present. It may well be appropriate for a particular murderer to be forgiven. In other cases, it may be appropriate that capital punishment is meted out to an extremely heinous crime. Someone for example who has repeatedly raped and killed a child. Again, the decision is with the heir of the murdered. The Quran simply provides options.

Once again to reiterate, I shared with you clear evidence where the Quran unequivocally expresses where something is to be encouraged or by implication, discouraged. Hence, the Quran is not averse to state such sentiments if it needs to. This it did not do in the verses of Qisas. Only options were granted with the possibility of saving a life if the heirs so desired.

I simply cannot put it to you in any other way.

Once again, let us simply agree to disagree on this matter.

Regards,
Joseph

[good logic]

Greetings Joseph.

I respect the fact you are entitled to your understanding and thank you for continuing the conversation.

Please allow me to clarify further my understanding and take it as a "constructive " and" civilised"way to carry out our conversation.

First I will ask the following question:

Is it better to take a life of a "murderer" or assess all other possibilities if this can be prevented?

For my understanding ,within the context of Qoran, saving a life is a better alternative! Why?

Because Qoran has given the "options" as you say, there must be reasons for us to "think" about saving lives?
Also {2:179} addresses " Ouli Alalbab"?
Qoran gives us the "example", forgiveness and mercy are the best option when we can.

[Qoran 4:110] Anyone who commits evil, or wrongs his soul, then implores God for forgiveness, will find God Forgiving, Most Merciful.

[Qoran 2:160] As for those who repent, reform, and proclaim, I redeem them. I am the Redeemer, Most Merciful.

[Qoran 6:54]..... Your Lord has decreed that mercy is His attribute. Thus, anyone among you who commits a transgression out of ignorance, and repents thereafter and reforms, then He is Forgiving, Most Merciful."

[Qoran 4:110] Anyone who commits evil, or wrongs his soul, then implores God for forgiveness, will find God Forgiving, Most Merciful.


If we have these chances from our Creator, the "murderer" may also be entitled to his/her chances?

If " Ouli Alalbab" are to to look at the options and possibilities,is this not discouraging us from taking a life for a life every time?

Of course this is my understanding brother. However I also understand that we may have to agree to disagree.

At the end ,GOD is the ultimate judge,and HIS judgement is just and fair . He is also the most Merciful.

[Qoran 3:74] He specifies His mercy for whomever He wills; God possesses unlimited grace.

GOD bless you.
Peace.

[Joseph Islam]

Dear Good Logic,

As-salamu alaykum

This forum is simply not about presenting opinions. I respectfully suggest that there are other sites which are better catered for such musings such as the ones you already make use of. This forum primarily focuses on parting with evidence based opinions and from the reader's perspective at least, their best evidence from a Quranic perspective.

It is also a place where my humble efforts and work are disseminated and a platform where I have an opportunity to interact with the respected readership.

There are many readers of this forum that come to seek answers and not to become further confused amongst a midst of unevidenced voices and opinions. Increasingly, I will be looking forward to curtail potentially endless debates on this forum. I have grown to become tired of tedious discussions and increasingly aware that forums can quickly become a minefield of dumped thoughts which become increasingly difficult to decipher with useful information as time goes on. Thus moving forward, I will attempt to avoid this as best I can to continue to maintain a high level of discussion and information base on this forum, God willing.

With respect, I feel that I have provided you clear evidence from the Quran with regards 'Qisas'. I have shown you that God provides options to the heirs with authority with clear evidence from the Quran. I also feel that I have provided you clear evidence that the Quran presents these options as statements of fact and respectfully shown you that your lean to interpret a particular preference of God is not found in the verses. These are simply your interpolations without warrant.  However, you appear to patently ignore this.

May I kindly for the final time, respectfully urge you once again, to let us simply agree to disagree on this matter.

Please can you kindly accept my response to you as my last on this matter.

Regards,
Joseph

[good logic]

Greetings Joseph.

I understand what you are saying.

I am not expecting you to answer this post. I am also making this my last post on this matter.

 But I respectfully disagree with this part of your post:

"... shown you that your lean to interpret a particular preference of God is not found in the verses. These are simply your interpolations without warrant.  However, you appear to patently ignore this

However, I agree with you on closing this conversation. I will not comment  on this thread any more.

Thank you brother.
GOD bless you.
Peace.

[Joseph Islam]

However, I agree with you on closing this conversation. I will not comment  on this thread any more.

JZK



For the other readership, please note my humble position below:

(A) Verse 2:178-79 deals with murder (intentional killing) as does verse 4:93
(B) Verse 4:92 deals with manslaughter (unintentional killing)

In (A) above (murder), God provides two options: (1), Life for Life or (2) Blood payment (If acceptable to the deceased individual's heir).
In (B) God provides the option of blood money and freeing of a believing slave along with other options depending on circumstances. There is no life for life in this case and the option of forgiving as charity (saddaqa) (arguably to atone for one's sins) is only found explicitly mentioned in the case of manslaughter (4:92) and not in the case of murder (2:178-79).

I have already summarised my position in reply #1 of this thread as below:

The Quranic law is prescribed for believers. It does not govern the actions of non-believers.

Hence:

• If a believer kills a non-believer intentionally, then the person responsible (believer) is held accountable, (life for life) whether the murderer is a freeman, slave or a female. Hence the expression, - freeman for the freeman, slave for the slave, the female for the female (etc.) (2:178).
  However, if the offer of suitable payment to the murdered individual’s family / people is accepted by them, then this will be considered as a concession  (2:178) and the life of the believer will be spared (2:179).
• If a believer kills a believer intentionally - then the punishment is life and further condemnation to hell (as an additional punishment by God). - (4:93). No exceptions are noted in verse 4:93.
• If a believer kills a non-believer or believer unintentionally (manslaughter) - then verse 4:92 applies: i.e. freeing of a believing slave and blood money must be paid to the family / people of the slain (unless they forgo it as alms). If the tribe is hostile and the murdered is a believer, then freeing of the believing slave suffices. However, if the tribe is not hostile and a treaty is in place (whether the murdered is a believer or a non-believer) then blood-money needs to be paid along with the freeing of a believing slave. If there is no slave to free, then one must fast two months consecutively seeking repentance from God to remit the obligation.

Regards,
Joseph