Verses 178 and 179 of Surah Al-Baqarah, akin to a radiant jewel within the Qur'anic system of criminal justice, elucidate the ordinance of Qisas (retribution) and emphasize divine mercy and mitigation in its execution. These verses, as a continuation of the comprehensive charter in verse 177 that delineates the Muslim ethos in its doctrinal, practical, and social dimensions, address one of the most sensitive Islamic legal rulingsnamely, Qisasusing a compassionate discourse that underscores forgiveness, benevolence, and fraternal faith in human relations. This treatise, adopting a scholarly and systematic approach, analyses and reformulates the content of the delivered lectures, integrating extracted points to present a comprehensive and precise exegesis for specialised audiences. The objective is to profoundly elucidate these verses as a bridge connecting justice to mercy and law to divine education.
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
Translation: O you who believe! Prescribed for you is legal retribution in the matter 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, let there be a follow-up in kindness and a proper payment to him with benevolence. That is a mitigation from your Lord and a mercy. But whoever transgresses after that, for him is a painful punishment. And for you in legal retribution is life, O possessors of understanding, that you may become righteous.
Verses 178 and 179 of Surah Al-Baqarah, articulated in a merciful tone, present Qisas not only as a ruling for criminal justice but as a guiding light leading society towards life, mercy, and piety. By stressing forgiveness and benevolence, these verses pave the way for social education and the diminution of violence.
Islam, like a clear stream, is founded upon compassion and mercy, principles also inherent in the very nature of creation. This principle repudiates any harsh or inhumane interpretation of religion and identifies mercy as the essence of creation and Sharia.
Islam, as a merciful religion, distances violence from its core and regards any severity as a product of ignorance and arrogance.
Any form of violence and harshness within societies and religions stems from the ignorance and arrogance of rulers and successors. Such violence, whether in Islam, Judaism, Christianity, or non-divine religions, represents an exploitation of religion for power consolidation and has tarnished the merciful visage of these faiths.
Divine religions, particularly Islam, resemble a clear mirror grounded in grace, mercy, purity, and sincerity. Violence has no place within these religions; any deviation arises from human and historical factors.
Divine religions, centred on mercy and purity, are immune to distortions caused by arrogance and ignorance.
The cosmic order and divine religions, especially Islam, nurture mercy and compassion like a lush garden. Violence is the outcome of human and historical deviations and is alien to the essence of religion. This section emphasises the necessity to return to the merciful spirit of Islam.
Qisas, due to its direct relation to human life, is the most severe criminal ruling in Islam, yet, by virtue of its rational and humane logic, it is also considered the sweetest among legal provisions. This sweetness lies in the establishment of justice, crime prevention, and preservation of social life.
Qisas, like sweet honey, blends justice with mercy and guarantees social vitality.
Hudud concern various legal penalties and Diyat relate to financial matters, whereas Qisas, akin to a double-edged sword, pertains directly to human life, thus holding a special place in Islamic criminal law.
The phrase "Kutiba Alaykumu" in the Qur'an signifies the establishment and permanency of a law, not an obligation of execution or compulsion. This denotes that Qisas is a legal framework whose implementation depends on specific conditions, analogous to fasting, whose obligation, recommendation, or prohibition is not inferred merely from the term Kutiba.
Qisas functions like a scarecrow in a field, established primarily for deterrence and prevention of crime rather than execution. This analogy highlights Qisas's deterrent role and the precedence of mercy over punishment.
Qisas stands as a firm pillar to prevent crime and preserve social order.
Qisas, as a steadfast pillar of Islamic criminal law, intertwines justice with mercy and prevention with education. It operates not only as a penalty but also as an instrument for safeguarding life and social order.
The phrase "Fa-man Ufiya Lahu", with its passive verb, indicates the generality of the pardoning agent. This generality includes not only the heirs (Awliya al-Dam) but also intermediaries or legal authorities, highlighting the flexibility of the Islamic criminal justice system.
The pronoun "Man" in "Fa-man Ufiya Lahu" refers to the killer who is pardoned, emphasising mercy and reform towards the offender.
The heirs, either directly or through mediation by elders and the faithful, serve as agents of forgiveness. In the absence of heirs, legal authorities such as the Imam or the judge assume this role.
The Islamic system of pardon, through the participation of heirs, intermediaries, and legal institutions, offers unparalleled flexibility in reducing violence.
The indefinite noun "Shay" demonstrates flexibility in pardon, including delay in Qisas, conversion to Diyah (blood money), or partial forgiveness, thus transforming Qisas into a merciful option.
The phrase "Fattibun bil-Marf" obligates heirs to pursue pardon kindly and without bitterness, while "Wa Adun Ilayhi Bi-Ihsn" compels the killer to fulfil obligations with generosity and benevolence.
Forgiveness with kindness and performance with benevolence render Qisas a merciful and educative process.
The system of pardon in Qisas, as an open door, enables the reduction of violence and the strengthening of human relations. Flexibility in forgiveness, the involvement of multiple agents, and emphasis on benevolence convert this ruling into
