Surah 1-2 - YasSarNal QuR'aN

Al-Baqarah (The Cow) | SOCIAL JUSTICE AND FASTINGwere several slaves and women, but the dispute was not settled until much later,after both clans had embraced Islam. Excessive claims were made by both clans,demanding that a free man be killed for a slave and a man for a woman. They couldnot reach a settlement until this verse was revealed. But this verse has, in turn, beensuperseded by Verse 45 of Sūrah 5 revealed at a later date. The same version issupported in a report by Abū Mālik.Nevertheless, it seems to me that the two verses are dealing with different aspectsof the same issue, retribution for killing. Verse 5: 45, stating equal retribution isapplicable in cases of premeditated murder of one specific person, or group ofpersons, by another, in which case conviction entails capital punishment. The versewe are discussing here, however, covers situations of assault by a group such aswhen a family, clan or community attacks another, as happened between those twoArab clans. As and when such conflicts come to be settled, just retribution wouldrequire that a free man be set against a free man, a slave against a slave, and awoman against a woman. How else in such cases, one may ask, can justice be seen tobe done?If this view is correct, then there is no conflict between the two verses, and therulings of each remain valid without one superseding or replacing the other.Revealing the profound wisdom underlying this ruling, and its objectives, theverse ends with the words: “There is life for you, men of understanding, in this law of justretribution, so that you may remain God fearing.” (Verse 179)Vengeance, or the satisfaction of grudges, is not the prime goal of this legislation.Its objective is to promote and preserve human life. Furthermore, there is aninvitation to reflect on the wisdom of this code and an endeavour to raise believers’consciousness and fear of God.Life Preservation through RetributionThis is achieved by providing strong deterrence, preventing further crimes frombeing committed. When a person knows for certain that the price he will pay forcommitting murder is his own life, he is more likely to stop and think beforedeciding to go ahead. Life is also preserved by giving satisfaction to the victim’srelatives in exacting justice on the offender, with the effect that they will neither seek,nor have the right to seek, further revenge on the offender’s family. In pre-IslamicArabia the desire for vengeance knew no limits, leading to protracted wars andconflicts that continued for years on end — the notorious al-Basūs 1 wars lasted, on1 Al-Basūs is the name given to a series of tribal conflicts which took place in pre-Islamic Arabia, andcontinued sporadically over a period of some forty years.196