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political islam 401reiterates the lex talionis of the Code of Hammurabi (Exodus 21:22–25;Leviticus 24:17ff.; Deuteronomy 19:21) but no longer condones itsclass distinctions. 69 This is explicitly endorsed by the Book (see 5:44),which at that time was, in legal terms, a huge step forward becauseit established retributive justice as a strong deterrent against intentionalkillings:We ordained therein for them: “Life for life, eye for eye, nose for nose,ear for ear, tooth for tooth, and wounds equal for equal.” ( Al-M§"ida5:45)It was We who revealed the law (to Moses): therein was guidance andlight… ( Al-M§"ida 5:44)This level of legislation was finally abrogated by MuÈammad’s (ß)messengerhood. The Book also prohibits homicide but extends this tothe killing of all creatures that possess a soul, that is, animals andplants:Nor take life [nafs = soul]—which God has made sacred—except forjust cause… ( Al-Isr§" 17:33)The added concessive subclause ‘except for just cause’ indicates ahigher form of legal reasoning because it considers the possibility ofjustified killings if this follows the principle of utility, for example,the cutting of trees in order to acquire wood, or the slaughtering ofanimals for food. Any other killing is unlawful and will be prosecuted.Both messengerhoods distinguish between unintentional and intentionalhomicide. For intentional homicide, both legal systems prescribethe same penalty (death). As for unintentional homicide, theTorah of Moses stipulates that the killer has to flee into one of threecities of Israel to save his life (Deuteronomy 4:41), whereasMuÈammad’s (ß) message is more lenient and only stipulates a fastof two successive months for the killer.Never should a believer kill a believer; but (if it so happens) by mistake,(compensation is due): If one (so) kills a believer, it is ordained that hetooth of one of equal status, they shall knock out his tooth’; taken from D. WintonThomas, ed., Documents from Old Testament Times (New York: Harper Torchbooks,1961), 33–34.69For example, paragraph 199: ‘If he [i.e. a citizen] has destroyed the eye of aslave of a citizen, or has broken the bone of a serf, he shall pay half of his marketvalue’;or paragraph 201: ‘If he [i.e., a citizen] has knocked out the tooth of a vassal,he shall pay a third of a mina of silver’ (Thomas, Documents, 34).