Preface

The Holy Qur'an, like a clear and boundless spring, presents divine knowledge to humanity and in its verses, guides mankind towards felicity and justice. Among these, the rulings concerning Qisas (retribution), Diyah (blood money), and warnings related to the nullification of deeds are topics delineated with unparalleled precision in this celestial scripture. This treatise, through reflection upon the verses of Surahs Al-Baqarah and Al-Ma'idah, examines these rulings and concepts, elucidating their profound meanings for the audience in a clear and dignified language. The objective of this work is to offer a comprehensive exegesis of these verses, benefiting from the perspectives of religious scholars to facilitate a more precise understanding of these rulings.

Part One: Qisas in the Holy Qur'an

Divine Address to the Believers and the Principle of Equality in Qisas

The Holy Qur'an, in verse 178 of Surah Al-Baqarah, with a direct address to the believers, ordains Qisas as a divine obligation:

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.

This address imposes the responsibility of justice implementation upon the believing community and, with emphasis on equality in Qisas, repudiates any form of discrimination. The principle of the free for the free, the slave for the slave, and the female for the female acts like a precise scale, placing justice upon human life regardless of social status or gender, recognising the right to life as inviolable. This equality, like a light in the darkness of pre-Islamic prejudices, paves the way for the execution of justice.

Key Point: The direct address to the believers in the Qisas verse indicates both individual and collective responsibility in the enforcement of justice, without the necessity of direct mediation by the ruler; this is meaningful within the framework of the Islamic judicial system.

Forgiveness and Mercy in Qisas

The verse, by mentioning the possibility of forgiveness, opens a gateway towards divine mercy: But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. The word brother acts like a breeze of Islamic brotherhood, emphasising the fraternal bond among believers and portraying forgiveness not merely as a legal right but as a moral virtue. This pardon, like a flower in the garden of justice, exhibits the beauty of mercy.

The phrase This is an alleviation from your Lord and a mercy also indicates the balance between justice and mercy. Although Qisas is a stringent legal prescription, the possibility of forgiveness opens the path to divine compassion. This alleviation acts as a bridge linking justice with mercy.

Philosophy of Qisas: Life through Justice

Verse 179 of Surah Al-Baqarah expounds the philosophy of Qisas in profound terms:

And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.

This verse introduces Qisas not merely as a punishment for crime but as a shield for preserving societal life. The address O people of understanding is an invitation to the wise to perceive the wisdom behind this divine law. Qisas, like a steadfast guardian, prevents chaos and bloodshed, thus maintaining social order.

Key Point: In the Holy Qur'an, Qisas transcends retribution, serving as a deterrent to preserve life and social order, with emphasis on the necessity of understanding the divine wisdom by the prudent.

Independence of the Victim's Family in Executing Qisas

One prominent aspect in the verses on Qisas is the absence of any requirement to seek permission from the ruler for its execution. Verse 194 of Surah Al-Baqarah confirms this independence:

The sacred month for the sacred month, and for [the violation of] the prohibited things is legal retribution. So whoever transgresses against you, retaliate in the like manner as he has transgressed against you.

This verse, emphasising retaliate in the like manner, grants the victims family (Awliy al-Dam) the authority to undertake Qisas themselves within the bounds of justice. This independence does not imply arbitrariness but is situated within the Islamic judicial framework. Qisas, as a personal right, is entrusted to the victims family to decide in accordance with their interests.

Distinction of Qisas from the Hudud (Fixed Divine Punishments)

Unlike Hudud, the implementation of which is assigned to the religious ruler (Hakim Shari), Qisas is a right of the people (Haqq al-Ns) belonging to the victims family. This distinction stems from the differing natures of Haqq Allah (right of God) and Haqq al-Ns (right of the people). Hudud function as guardians of public order and are executed by the ruler, whereas Qisas, as a personal right, is delegated to the victims kin. This difference draws a clear line demarcating these two categories of rulings.

Key Point: Qisas, as a right of the people, is distinct from Hudud and its implementation depends on the will of the victims family, whereas Hudud, as rights of God, are entrusted to the ruler.

Punishment of Muhribn (Waging War) in Surah Al-Maidah

Verse 32 of Surah Al-Maidah explicitly describes the punishments for those who wage war against God and His Messenger:

Indeed, the penalty for those who wage war