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).
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179. Wa
lakum fil-Qisaasi Ha-yaatuny-yaaa-‘ulil-‘albaabi
la-‘allakum tattaquun.
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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).
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180. Kutiba
‘alaykum ‘izaa hazara ‘ahadakumul-mawtu ‘in-
taraka khay-ranil-wasiyyatu lil-waalidayni
wal-‘aqrabiina bil-ma’-ruuf. Haqqan ‘alal-Muttaqiin.
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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.
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