Retaliation of the murder
Surah ‘Al-Baqarah (The Cow) – Chapter – 2)
Stage – 1, Verse – 178 of 286, Section –22 of 40
(Part - 2)
BisMIllaahir-Rahmaanir-Rahiim
In the name of God, the Beneficent, the Merciful
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O ye who believe! Retaliation is prescribed for you in the
matter of the murdered; the freeman for the freeman, and the slave for the
slave, and the female for the female.
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Yaaa-‘ayyuhallaziina ‘aa- manuu kutiba
‘alaykumul-Qisaasu fil-qatlaa. ‘Al-hurru bil-hurri
wal-‘abdu bil-‘abdi wal-‘unsaa bil-‘unsaa.
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Lesson
Qatlaa – (the murdered person) particularly those individuals,
who are killed intentionally and purposely by someone.
Qisaasun – (Retaliation) that is to say, for taking the
revenge against any crime keeping it in equality/balance. According to the
Divine’s Law, technically the murderer will be killed or if anybody has injured
to some other person, he will be punished with the wound at the same scale and
the same part of the body.
Kutiba ‘alaykum – (prescribed for you) the
literal meaning of the word kutiba is ‘written’. Due to use of
the word ‘alaa with it, now it means ‘prescribed’ and ‘obliged
to do under regulations’.
During the times of
darkness before Islam, it was a custom in the Arabians that if any person from
any higher family was killed, they used to kill many persons from the family of
murderer. If any slave was killed from the higher family, they used to kill any
freeman from the family of killer whether the killer would also be a slave
because they considered that the respect of higher family’s slave was equal to
the freeman of a lower family; also it was more than that. So instead of
killing the slave, any freeman was killed as revenge. Then if any female was
killed from the higher family by a female from the lower family, the heirs of
the murdered female used to kill any male of that lower family leaving the
murderer female. Because they used to think that their female was equal to the
male of lower family.
Holy Qur’an finished this racial distinction
and difference, and commanded that being humankind, entire people are equal,
their lives are alike, whether any individual is rich or poor, noble or mean,
scholar or illiterate, young or old, healthy or ailing, male or female. If any
female kills any male then only that woman should be killed. Because her life
is equal to that male’s life. If any slave is the killer then only he will be killed.
If any mean person has murdered then in the retaliation that mean person will
be killed only, not any other individual.
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And for him who is forgiven somewhat by his the (victims
heir’s injured) brother, prosecution according to usage and payment unto him
in kindness. This is an alleviation and a mercy from your Lord, He who
transgresseth after this will have a painful doom.
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Faman ‘ufi-ya lahuu min ‘akhiihi
shay-‘un- fattibaa-‘um-bil-ma’-ruufi wa ‘adaaa-‘un
‘ilayhi bi-‘ihsaan. Zaalika takhfiifum-mir-Rabbikum
wa rahmah. Fama-ni’-tadaa ba’-da zaalika fala-huu
’azaabun ‘aliim.
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Lesson
Min ‘akhiihi – (by his brother) it signifies
unto the heir of the murdered. To excite the feeling of love he has been
addressed with the word ‘brother’.
‘Ittibaa-‘um-bil-ma’-ruufi – (prosecution according to
usage) its purpose is that if the heirs of the murdered forgive the retaliation
of the murder, and agree to take the payment of blood then it is the
responsibility of the murderer to pay according to usage full reasonable
payment with kindness, mercy and righteousness.
We have discussed
in the previous lesson that, which principle of the natural equation among the
entire human beings has been fixed by God Almighty, that is “murder is in
retaliation to the murder”. Now, it is being commanded that the heirs of the
murdered can forgive to the killer or they can give up after getting the blood
money from the killer or they can lessen also some of the blood money. The
killer can be saved from the punishment of ‘to be killed’ in these conditions.
Then, it is commanded
that if the heirs of the murdered agree to forgive the murderer and take the
blood money, then they should not demand too much heavy amount which would be
out of the reach of the killer. They should not narrow him intentionally due to
anger or they should not begin to demand the entire blood money after forgiving
the payment of blood. Moreover, they should receive proper and reasonable
amount according to usage.
After urging the
heirs of the murdered, now the killer is being emphasized that he should remit
this amount also very elegantly and beautifully. He should not try to prolong
purposely, to grow intricacy or displeasure. God Almighty has imposed perfect
physical punishment of murder to the killer along with this method of reduction
in punishment. Allah Almighty is the Merciful upon the mankind. With His
Kindness, He has reduced the punishment but if, even then, any individual
opposes or disobeys these laws and steps out of these limitations, then God
Almighty will punish him with a painful doom.
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