Tuesday, January 5, 2016

Life in Retaliation, and bequeath at the time of death

Life in Retaliation, and bequeath at the time of death

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)
Stage – 1, Verses – 179 & 180 of 286, Section –22 of 40 (Part - 2)



BisMIllaahir-Rahmaanir-Rahiim
In the name of God, the Beneficent, the Merciful

179.  And there is life for you in retaliation, O men of understanding, that ye may ward off (evil).
179.  Wa  lakum  fil-Qisaasi  Ha-yaatuny-yaaa-‘ulil-‘albaabi  la-‘allakum  tattaquun.

Lesson

Apparently it seems that punishment to kill the murderer as retaliation of murder is much heavy and strict, and it is thought that due to punishing the killer, another life is destroyed intentionally. But if it is checked deeply for a few minutes about this command’s advisability and philosophy then this reality will be cleared that, with it, another life is not ruined but the life is gotten.

For example; if the punishment of any murder is not fixed a murder as retaliation then resultant, there will be no value of human life. The cruel will slaughter fearless and without hesitation. Because they will know that they will be free after paying some penalty or bearing some imprisonment. Likewise the human life will become much cheaper as it was in the Arab practically during the time of ignorance.
 
If the punishment of a murder isn’t a murder, every rich person will kill others upon ordinary matters also and by paying the penalty, he could get himself free. But if, according to the Islamic way, the punishment of murder is prescribed as murder, it means that the lives of all human beings are given equal respect. If value of any life is determined as the life of murderer then number of murders will become very less, because they will know that if anyone is killed by them, they won’t be able to get free by paying the penalty. And he will be sentenced for the murder. In these situations the incidents of killing will stop and the people will find themselves safe. Though, if the punishment of murder is not killing, the lives of the people will be destroyed but while the punishment of killing is killing, the lives of people are safe. This is  fil-Qisaasi  Ha-yaatun (there is life in the retaliation).

The Law of murder in retaliation is the law of justice and equality. It is the best guarantor of discipline, truth and moderateness in all aspects of human life, so that, none may tyrannize any other and the rights of weak and strong become equal. When this law will be followed for some times, its soul will grow in the whole nation and the constitutionalism will become important part of life for mutual national peace.

Islam has fixed, apparently, severe punishments for the crimes but looking carefully, in fact, those crimes deserve even more severe punishments. Less punishment will be cause to make the crime minor. Secondly purpose to punish severely is to stop the crimes, not to make the punishment only a funny and enjoyable thing. Nowadays this very is happening that the punished criminals use to commit more crimes. Neither they are corrected, nor do others take it as warning.

180.  It is prescribed for you, when death approacheth one of you, if he leaves wealth, that he should bequeath unto parents and near relatives in kindness. (This is) a duty for all those ward off (evil). 
180.  Kutiba  ‘alaykum  ‘izaa  hazara ‘ahadakumul-mawtu  ‘in-  taraka  khay-ranil-wasiyyatu  lil-waalidayni  wal-‘aqrabiina  bil-ma’-ruuf.  Haqqan  ‘alal-Muttaqiin. 


Lesson

Khay-ra – (Wealth) the meanings of this word are betterment, welfare and deliverance. It is used also in the Holy Qur’an for pure wealth.

‘Al-wasiyyatu – (Bequeath, testament, making a will) its literal meanings are ‘to order’ and ‘to request’. According to the Divines Law, it means ‘those instructions which are arranged to make (a will) by the individual who is at the death’s door for his/her followers/heirs, which are fulfilled after his/her death. The religious scholars have described many kinds of ‘Wills’:

1.   Some bequests are proper (Waajib), for example; paying the poor-due, security, safeguard (trust) or the will to return the loans, which is extremely necessary and duty to be fulfilled.

2.   Some legacies are Mustahib, likewise to bequeath for any good work or to give something to any that relative who cannot get any part of hereditary/inheritance according to the Laws of Will.

3.   Some are only Mubaah that is to say; to bequeath for any legal issue.

4.  Some are those which are forbidden to be fulfilled according to the Commands of Holy Qur’an, as if, anybody bequeaths for any unlawful deed which is prohibited to be fulfilled.

5.   Some Wills are called Maw-quuf. It is necessary to regard some limitations for this type of Will to be fulfilled, for instance; if any individual bequeaths for more than one third (1/3) part of his property. Its execution depends upon the dismissal of other heirs. Some questions have been described in the forthcoming verses about the matters of bequeathing. If we keep them in front also then the entire matters will be solved.

There were some Islamic commands mentioned in the previous verses regarding murder. Now instructions about the property/wealth of the dead are being discussed. At another place in the Holy Qur’an, the shares of entire heirs and the rightful have been prescribed. So the bequest will be examined in the light of those shares. However, it may be bequeathed out of the third part of the property.

Bil-ma’-ruuf  - (According to usage) this word has already been used earlier. ‘Urf is its origin, that is to say; the known matter like this, usually, that would be considered as righteousness and betterment. So, one translation of it may also be ‘according to the customs’. Fixing its condition in the Will, all those badness have been stopped, which any such individual could do, who would be going to bequeath, due to being biased or displeasure that he might give someone more than his right and the other’s right might be lost.