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Interpretation: Qisas and Apostasy in the Light of the Holy Quran






Interpretation: Qisas and Apostasy in the Light of the Holy Quran


the Lectures of Nokounam, (Session 1621)

Preface

The Holy Quran, like a radiant lamp, illuminates the path of justice and wisdom in human life. The verses pertaining to Qisas (retribution) and apostasy are among the resplendent jewels of this divine book that, with clear and decisive expression, elucidate the legal and ethical principles necessary for the preservation of human dignity and social order. This treatise, with a profound examination of the verses from Surahs Al-Baqarah and Al-Maidah, investigates Qisas as a firm pillar in the implementation of justice and apostasy as a deeply rooted phenomenon within the Islamic society.

Key Point: Qisas in the Holy Quran is not only a legal right for the vindication of justice but also vital for maintaining the order and dignity of society, as stated in verse 179 of Surah Al-Baqarah: "And there is for you in Qisas life, O you who possess intellect, that you may guard against evil."

Section One: Qisas in the Mirror of the Holy Quran

The Concept and Scope of Qisas

Qisas is one of the fundamental legal principles in the Islamic system, which the Holy Quran introduces with eloquent and wise expression as a guarantor of social life. This principle has been elaborated with unparalleled precision in multiple verses of Surahs Al-Baqarah and Al-Maidah.

يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتَلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَىٰ بِالْأُنْثَىٰ ۚ فَمَن عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ
O you who have believed, prescribed upon you is Qisas for the killersthe free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then follow-up with kindness and payment to him with good conduct. (Al-Baqarah: 178)

This verse regards Qisas as a divine ruling obligatory upon the believers, explicating equality in punishment through expressions such as "the free for the free" and "the slave for the slave." Yet, the scope of this ruling extends beyond believers alone.

وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
And there is for you in Qisas life, O you who possess intellect, that you may guard against evil. (Al-Baqarah: 179)

The address "O you who possess intellect" signifies the universality of this ruling for all wise individuals, whether believers or non-believers. This verse regards Qisas not only as an instrument of justice but as a symbol of life and social order, as its implementation prevents chaos and bloodshed.

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ ۚ وَمَنْ لَمْ يَحْكُم بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ
And We ordained for them therein a life for a life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if anyone remits the retaliation by way of charity, it is an expiation for him. And whoever does not judge by what Allah has revealedit is those who are the wrongdoers. (Al-Maidah: 45)

The phrase "We ordained for them" in this verse demonstrates that Qisas is a general ruling for all humanity, including the People of the Book. The expression "a life for a life" imposes Qisas without restriction, thereby mandating retribution for every soul in place of another. Accordingly, the Quranic verses consider Qisas a universal ruling without distinction between believers, disbelievers, dhimmis, or apostates.

Key Point: The general application of Qisas in the Holy Quran mandates justice for all humansbelievers, disbelievers, dhimmis, and apostates alike. There is no distinction in Qisas between apostates and dhimmis unless specific evidence is provided in authentic narrations.

The Virtue of Forgiveness in Qisas

Verses 178 of Al-Baqarah and 45 of Al-Maidah introduce forgiveness as an ethical virtue accompanied by wisdom and benevolence. Forgiveness not only mitigates the severity of punishment but also serves as an expiation for sins. This virtue, like a soothing breeze, heals wounded hearts and guides society toward piety and solidarity.

The Just Execution of Qisas by the Ruler

The Islamic ruler, like a trustworthy guardian, is obligated to implement justice. He must not execute Qisas with oppression, such as tormenting the family of the killer or confiscating property unjustly. If the murderer flees, the ruler must endeavour to find him as far as possible; however, violating the rights of others is impermissible and acts as a thorn in the path of justice.

الشَّهْرُ الْحَرَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُرُمَاتُ قِصَاصٌ ۚ فَمَنِ اعْتَدَىٰ عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَىٰ عَلَيْكُمْ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ مَعَ الْمُتَّقِينَ
Fighting is prescribed for you, though it is hateful to you. But perhaps you hate a thing and it is good for you; and perhaps you love a thing and it is bad for you. And Allah knows, while you know not. (Al-Baqarah: 194)

This verse obliges Qisas in all matters of sanctity, including murder and wounds, and stresses its execution with piety. The mode of proving the crimewhether by testimony, confession, or oathdoes not affect the principle of Qisas. Qisas, like a sharp sword, vindicates the right and preserves the life of the murdered.

Summary of Section One

Qisas in the Holy Quran is a divine and universal ruling that guarantees justice and social vitality. This principle, through the unrestricted phrase "a life for a life," admits no differentiation among humans, and forgiveness is considered an ethical virtue allied with wisdom and piety. The Islamic ruler is bound to implement Qisas justly and without transgression to ensure that the rights of the innocent are preserved.

Section Two: Benevolence towards Parents and Vindication of Rights

Benevolence towards Parents in the Holy Quran

Benevolence towards parents, like a fragrant flower in the garden of Islamic ethics, is among the exalted values of the Quran. This moral principle is emphasised with expressions such as "and do good to parents" in various Quranic verses.

وَإِذْ أَخَذْنَا مِيثَاقَ بَنِي إِسْرَائِيلَ لَا تَعْبُدُونَ إِلَّا اللَّهَ وَبِالْوَالِدَيْنِ إِحْسَانًا
And [mention] when We took the covenant from the Children of Israel, [enjoining upon them], "Do not worship except Allah; and to parents do good." (Al-Baqarah: 83)

Benevolence includes respect, affection, and assistance to parents; however, this ethical virtue does not preclude the vindication of rights. Benevolence, like a clear stream, binds hearts with love and loyalty, but the pursuit of justice, like a steadfast rock, safeguards fairness.

وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ ... وَلَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلَا مَوْلُودٌ لَهُ بِوَلَدِهِ
And the mothers shall suckle their children for two whole years... and no mother shall be harmed through her child, nor a father through his child. (Al-Baqarah: 233)

This verse prohibits harm to the child by parents. If parents, particularly through a crime such as murder, harm their child, religion holds them accountable. This demonstrates the balance between benevolence and justice in the Quranic legal system.

وَكُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَىٰ أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَ
And be maintainers of justice, witnesses for Allah, even if it be against yourselves or parents and relatives. (An-Nisa: 135)

This verse mandates justice even in the face of parents. If a father kills his wife, the child may claim the right of the mother, for justice takes precedence over benevolence. This principle, like a shining torch, illuminates the path of vindication.

Key Point: Benevolence towards parents is an ethical virtue, but it does not impede the vindication of rights. Justice precedes even parental relations, and no relationship, even that between parent and child, can override the right.

Exception of Qisas for the Father

In the Islamic legal system, Qisas against a father for the murder of his child is converted to blood money due to specific evidences in narrations. However, this exception is limited solely to this case and does not extend to other cases, such as a father killing the mother. This demonstrates the Qurans precision and subtlety in maintaining a balance between justice and particular exceptions.

Critique of Patriarchal Culture

The excessive emphasis on respect for parents, especially the father, has sometimes led to injustice towards childrens rights. Some incorrect interpretations of benevolence have caused the rights of children, like a precious gem, to be overlooked. The Holy Quran, by stressing the balance between benevolence and justice, rectifies these misinterpretations. Benevolence is an ethical virtue, and Qisas is a legal right; these two, like the two wings of a bird, guide society towards perfection.

Summary of Section Two

Benevolence towards parents is a noble ethical value emphasised in the Holy Quran with expressions such as "and do good to parents." However, this virtue does not prevent the vindication of rights. Justice precedes even over parents, and the exception regarding Qisas for the father is strictly limited. The Holy Quran, by establishing balance between benevolence and justice, offers a coherent and wise system.

Section Three: Apostasy and Its Management in the Islamic Society

Roots and Causes of Apostasy

Apostasy, like a poisonous fungus, grows within the Islamic society and has roots in social deficiencies such as poverty, violence, or unanswered doubts. This phenomenon reflects the shortcomings of the community. Poverty, like a heavy shadow, draws hearts towards despair; violence, like a destructive storm, annihilates trust; and unanswered doubts, like a thorn in the mind, destabilise faith.

Management of Apostasy in Qisas