ism

836
deceased was a Believer, his people were at war with the Muslim society: even if his people could be reached, it is not
fair to increase the resources of the enemy. If the deceased was himself an enemy at war, obviously the laws of war
justify his being killed in warfare unless he surrendered. If the man who took life unintentionally has no means from
which to free a believing slave or to give compensation, he must still by an act of strict self-denial (fasting for two
whole months running) show that he is cognizant of the grave nature of the deed he has done and sincerely
repentant. I take this to apply to all three cases mentioned: that is, where a Believer killed a Believer unintentionally
and the deceased (1) belonged to the same community as you, or (2) belonged to a community at war with you, or (3)
belonged to a community in alliance with you. (4.92)
4:93 - If a man kills a believer intentionally his recompense is Hell to abide therein (for ever): and
the wrath and the curse of Allah are upon him and a dreadful penalty is prepared for him. 612
612 What is mentioned here is the punishment in the Hereafter. The legal consequences, enforceable by human society,
are mentioned in ii. 178, under the rules of Qisas. That is, a life should be taken for a life destroyed, but this should be
on a scale of equality: a single murder should not commit a whole tribe to a perpetual blood-feud, as in the days of
ignorance. But if the heirs of the man slain accept reasonable compensation, this should be accepted, and the taking
of a life for a life should be put a stop to. This course leads to the saving of life, and is commanded to men of
understanding. (4.93)
17:31 - Kill not your children for fear of want: We shall provide sustenance for them as well as for
you: verily the killing of them is a great sin. 2214
2214 The Arabs were addicted to female infanticide. In a society perpetually at war a son was a source of strength whereas
a daughter was a source of weakness. Even now infanticide is not unknown in other countries for economic reasons.
This crime against children's lives is here characterised as one of the greatest of sins. (17.31)
12:9 - (One said): Kill Joseph or cast him to some (other) land, so that your father's favor may be all
for you, and (that) ye may afterward be righteous folk.
12:10 - One among them said: Kill not Joseph but, if ye must be doing, fling him into the depth of
the pit; some caravan will find him.
28:19 - And when he would have fallen upon the man who was an enemy unto them both, he said:
O Moses! Wouldst thou kill me as thou didst kill a person yesterday. Thou wouldst be nothing
but a tyrant in the land, thou wouldst not be of the reformers.
2:178 - O ye who believe! the law of equality is prescribed to you in cases of murder; the free for the
free the slave for the slave the woman for the woman. But if any remission is made by the
brother of the slain then grant any reasonable demand and compensate him with handsome
gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the
limits shall be in grave penalty. 182183184185
182 Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-Islamic
custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation
for mercy and forgiveness. To translate qisas, therefore, by retaliation, is I think incorrect. The Latin legal term Lex
Talionsis may come near it, but even that is modified here. In any case it is best to avoid technical terms for things
that are very different. "Retaliation" in English has a wider meaning, equivalent almost to returning evil for evil, and
would more fitly apply to the blood-feuds of the Days of Ignorance. Islam says: if you must take a life for a life, at least
there should be some measure of equality in it; the killing of the slave of a tribe should not involve a blood feud where
many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable
compensation, would be better. (2.178)
183 The jurists have carefully laid down that the law of qisas refers to murder only. Qisas is not applicable to
manslaughter, due to a mistake or an accident. There, there would be no capital punishment. (2.178)
184 The brother: the term is perfectly general; all men are brothers in Islam. In this, and in all questions of inheritance,
females have similar rights to males, and therefore the masculine gender imports both sexes. Here we are
considering the rights of the heirs in the light of the larger brotherhood. In ii. 178-79 we have the rights of the heirs to
life (as it were): in ii. 180-82 we proceed to the heirs to property. (2.178)
185 The demand should be such as can be met by the party concerned, i.e., within his means, and reasonable according
to justice and good conscience. For example, a demand could not be made affecting the honour of a woman or a
man. The whole penalty can be remitted if the aggrieved party agrees, out of brotherly love. In meeting that demand
the culprit or his friends should equally be generous and recognise the good-will of the other side. There should be no
subterfuges, no bribes, no unseemly by-play: otherwise the whole intention of mercy and peace is lost. (2.178)
Sunan of Abu-Dawood
Hadith 4396 Narrated by
Jabir ibn Abdullah
A thief was brought to the Prophet (peace be upon him). He said: Kill him. The people said: He has committed theft, Apostle
of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him.
The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his foot. So his (left) foot was cut off. He
Go to UP
836