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736 The thought at last came home to the murderer. It was dreadful indeed to slay any one-the more so as he was a
brother, and an innocent righteous brother! But worse still, the murderer had not even the decency to bury the corpse,
and of this simple duty he was reminded by a raven-a black bird usually held in contempt! His regret was on that
account. That was no true repentance. (5.31)
5:32 - On that account: We ordained for the Children of Israel that if anyone slew a person unless it
be for murder or for spreading mischief in the land it would be as if he slew the whole people:
and if anyone saved a life it would be as if he saved the life of the whole people. Then
although there came to them Our apostles with clear Signs yet even after that many of them
continued to commit excesses in the land. 737
737 The story of Cain is referred to in a few graphic details in order to tell the story of Israel. Israel rebelled against Allah,
slew and insulted righteous men who did them no harm but on the contrary came in all humility. When Allah withdrew
His favour from Israel because of its sins and bestowed it on brother nation, the jealousy of Israel plunged it deeper
into sin. To kill or seek to kill an individual because he represents an ideal is to kill all who upold the ideal. On the
other hand, to save an individual life in the same circumstances is to save a whole community. What could be stronger
condemnation of individual assassination and revenge? (5.32)
17:33 - Nor take life which Allah has made sacred except for just cause. And if anyone is slain
wrongfully We have given his heir authority (to demand Qisas or to forgive): but let him not
exceed bounds in the matter of taking life: for he is helped (by the Law). 2216
2216 On the subject of Qisas see ii. 178 and the notes thereto. Under the strict limitations there laid down, a Iife may be
taken for a life. The heir is given the right to demand the life; but he must not exceed due bounds, because he is
helped by the Law. Some Commentators understand "he" in "he is helped (by the Law)" to refer to the heir of the
person against whom Qisas is sought. He too will be helped by the Law, if the heir of the first slain exceeds the
bounds of Law. (17.33)
Sunan of Abu-Dawood
Hadith 4548
Narrated by
Abdullah ibn Amr ibn al-'As
The Prophet (peace be upon him) said: Blood-wit for what resembles intentional murder is to be made as severe as that for
intentional murder, but the culprit is not to be killed. Khalid gave us some additional information on the authority of Ibn
Rashid: That (unintentional murder which resembles intentional murder) means that Satan jumps among the people and then
the blood is shed blindly without any malice and weapon.
Sahih Al-Bukhari Hadith
Hadith 6.25 Narrated by
Ibn Abbas
The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not
ordained for them). So Allah said to this Nation (i.e. Muslims):
"O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the
free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive
their brother (i.e. the killer) something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional
murder)--then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay
with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the
nations before you).
So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment."
(2.178)
Al-Muwatta Subjects
Blood Money
1. Mention of Blood-Money
43.1
2. Procedure in Blood-Money
43.2
3. The Blood-Money for Murder, When Accepted and the Criminal Act of the Insane
43.2a, 43.3
4. The Blood-Money for Manslaughter
43.4
5. The Blood-Money for Accidental Injury
43.4a
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