Verses 178 and 179 of Surah Al-Baqarah, centred on the ruling of Qisas (retributive justice), elucidate one of the most fundamental criminal laws in Islam. These verses not only provide a legal framework for Qisas as a means of crime prevention and the establishment of justice but also manifest the merciful spirit of Islam in confronting the crime of murder through the emphasis on mercy, pardon, and benevolence. Verse 179, by highlighting the life-giving nature of Qisas, clarifies the wisdom behind this ruling for discerning and civilised societies. This treatise adopts a scholarly and systematic approach to conduct a comprehensive analysis of these verses, examining all jurisprudential, ethical, and social aspects with a refined and academically appropriate language. The objective is to present an accurate and profound exegesis that meets the needs of specialised audiences and provides a coherent portrayal of the divine wisdom inherent in these rulings.
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 believers! Retributive justice has been prescribed for you concerning the slain: free for free, slave for slave, and female for female. Thus, whoever is pardoned anything by his brother, let there be an equitable follow-up and compensation rendered to him with benevolence. That is a mitigation from your Lord and a mercy. But whoever transgresses thereafter, for him is a painful punishment. And for you in retribution is life, O possessors of intellect, that you may become righteous.
These verses, through a direct address to the believers and the intellectuals, introduce Qisas as a divine ruling that not only guarantees criminal justice but also, by promoting pardon and benevolence, leads to social reform and the reduction of violence. The structure of the verses combines legal injunctions, ethical exhortations, and social wisdoms, delivering a comprehensive and multilayered message through nominal and verbal sentences.
Verses 178 and 179 of Surah Al-Baqarah present Qisas as a jurisprudential cornerstone within the framework of the ideal Islamic city-state. This ruling represents the ultimate penal response to the crime of murder, established with the aim of ensuring justice and preventing social chaos. Within this context, Qisas functions not only as a deterrent punishment but also as a mechanism for preserving social life and strengthening the bonds of faith.
The phrase kutila 'alaykumu (it has been prescribed for you) denotes the legislating of the law of Qisas; however, its implementation is contingent upon the social, cultural, and ethical circumstances of the community. This conditionality demonstrates the flexibility of the Islamic criminal system and introduces Qisas as a ruling that may be executed differently according to the level of civilisation and faith within various societies.
The disposition of the victims heirs plays a decisive role in the execution of Qisas. Staunch or severe heirs may insist upon its implementation, whereas in civilised and humane societies, the tendency towards pardon and forgiveness is strengthened. This distinction underscores the necessity of moral education and the enhancement of social culture.
Within the ideal Islamic society, Qisas functions not only as a punitive instrument but also as a foundational element for the realisation of justice, crime prevention, and the fortification of fraternal faith bonds. Its conditional application exhibits its adaptability to diverse social contexts, and the role of the victims heirs highlights the essentiality of ethical cultivation within society.
And for you in retribution is life, O possessors of intellect, that you may become righteous.
The phrase walakum fil qisas hayah reveals the fundamental wisdom of Qisas in securing social life and preventing chaos. By establishing deterrence, Qisas obstructs the sequence of killings and guarantees order and security within society. Addressing the Ulu al-Albab (possessors of intellect), this verse presents Qisas as a ruling for advanced societies endowed with pure reason.
The nominal sentence structure of the verse (walakum fil qisas hayah) signifies the permanence and comprehensiveness of the wisdom behind Qisas. Unlike verbal sentences which stress action and execution, the nominal sentence articulates a fixed and timeless ruling that transcends the practical application of Qisas.
The address ya ulu al-albab refers to those endowed with pure intellect (lab), in contrast to mixed or clouded reason. The term lab denotes an intellectual perfection free from emotions and prejudices. This address identifies Qisas as a ruling intended for civilised and advanced societies requiring deep and rational understanding.
The wisdom of Qisas lies in ensuring social vitality and preventing violence. This ruling, addressed to the intellectual elite and articulated through a nominal sentence, demonstrates its permanence and comprehensiveness. Qisas, beyond punishment, serves as an instrument for societal education and the establishment of order and security.
