Verse 178 of Surah Al-Baqarah, as a radiant jewel within the constellation of Quranic injunctions, elucidates one of the most sensitive and profound legal rulings, namely the law of Qisas (retributive justice) in cases of homicide. This verse, linked integrally to the comprehensive manifesto of the preceding verse (177), which delineates the creed, praxis, and social ethos of a Muslim, offers a ruling that, despite its apparent difficulty, abounds with Divine mercy and wisdom.
As a component of the Islamic criminal justice system, Qisas not only ensures the establishment of justice and maintenance of social order, but also, through an emphasis on forgiveness and mitigation, manifests the merciful spirit of the religion. This treatise adopts a scholarly and systematic approach to analyse this verse within an academic framework, faithfully reflecting all dimensions of the original lecture content and supplementary analyses. The objective is to provide an interpretation that, whilst preserving semantic and jurisprudential profundity, serves as an enlightening guide for specialised audiences and researchers in the fields of theology and Islamic jurisprudence.
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَىٰ بِالْأُنْثَىٰ ۚ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
O you who have believed, prescribed for you is Qisas in the case of the slain: the free for the free, the slave for the slave, and the female for the female. But whoever is pardoned by his brother anything, then follow up with respect and pay him with kindness. That is a relief from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. And there is for you in Qisas [saving of] life, O [you] people of understanding, that you may become righteous.
Verse 178 of Surah Al-Baqarah follows the preceding verse, which acts as a comprehensive charter outlining the creed and conduct of a Muslim across doctrinal, practical, and social dimensions, and addresses one of the key Sharia rulingsnamely, Qisas. This verse, transitioning from general principles to detailed injunctions, demonstrates the comprehensive nature of the Holy Quran in regulating various aspects of human life.
Qisas, as part of the Islamic penal system alongside Hudud and Diyah (blood money), constitutes one of the pillars of judicial justice and contributes to the preservation of social order and security.
Qisas, as one of the three principal pillars of the Islamic penal system (Hudud, Qisas, and Diyah), is a ruling that addresses the establishment of justice in response to the crime of murder. Although seemingly harsh due to its penal nature, Qisas is, in reality, one of the most profoundly wise and humane Sharia rulings owing to its rational and ethical foundations. It creates an equilibrium between crime and punishment, thereby securing justice and preventing recurrence through deterrence. This ruling functions as a safeguard, not primarily intended for implementation but designed to forestall crime.
The apparent harshness of Qisas results from superficial interpretations and improper implementation by historical rulers. This bitterness is not intrinsic to the ruling itself but stems from the erroneous conduct of Arab and non-Arab caliphs who, through ignorance, brutality, and dictatorship, distorted the character of this ruling. In truth, Qisas, by securing justice and preventing chaos, is one of the sweetest divine ordinances, even surpassing acts such as prayer and purification due to its profound impact on social order.
The harshness associated with Qisas should not be attributed to religion, religious knowledge, or scholars but rather to the maladministration by rulers and unjust caliphs. These rulers, through ignorance and violent behaviour, sullied Islamic injunctions and distorted the merciful visage of the religion. Such distortion was part of a historical agenda aimed at consolidating power and dominance by exploiting religious rulings.
Islam, by nature, is not a religion of violence. Even its most stringent injunctions, such as Qisas, Hudud, and Diyah, are imbued with mercy and rationality. These ordinances are akin to medicinal remedies which, when implemented wisely and gently, are healing, but when applied with violence and ignorance, cause suffering rather than cure. Islams spirit of mercy is manifest in Qisas through the emphasis on pardon and mitigation.
Arab and non-Arab caliphs, through their harsh and dictatorial behaviours, diverted Islamic injunctions from their original path and polluted them with violence. These rulers, motivated by ignorance and sadism, transformed Qisasa deterrent and merciful rulinginto an instrument for exercising power. This distortion engendered public mistrust towards Sharia rulings and generated a violent image of Islam in the collective consciousness.
The violence and corruption of the caliphs were mistakenly attributed to the Imams of Ahl al-Bayt (peace be upon them) and the religion itself. This attribution was part of a colonial project aimed at tarnishing the spiritual image of the Imams and diminishing their influence. In reality, the Imams embodied mercy and wisdom and were never tainted by violence or corruption.
Global media, focusing predominantly on rulings of Qisas and Hudud, have portrayed a violent and inhumane image of Islam that is disconnected from the true nature of the religion. This distortion has weakened Islams global standing and created misunderstandings regarding its legal rulings. Conversely, authentic Islam is a religion of mercy and love, promoting softness and flexibility even in its most stringent ordinances.
Qisas in Islam functions as a safeguard established to prevent crime and create deterrence. This ruling resembles a scarecrow clothed in old garments in a field, designed not for execution but to frighten offenders and preserve social order. The purpose of Qisas is non-execution in practice and encouragement towards pardon and forgiveness.
