Mostly people are commenting about Qisas & Diyat law very negatively ... Actually nobody knows about spirit of this law ...........
Someone kills to another ... Islam says you have to take Qisas because Qisas is life ... Why...? Because if we kill to murderer then society will take lesson that if I will kill to someone then I must be killed in turn ... But if assassinated man was the single earner of this family then family must be suffer after this murder ... So if murderer will pay ransom so that family can survive rest of life then this is good to take blood money & pardon to murderer but this deal must be done before court not at any other place ... Can someone tell me that what is wrong in this law...?? This will help to such poor people who lost their earner ... But Shahzeb was not the earner of his family ... So his family should take Qisas ... I am writing below some Quranic verses below & tafseer to understand this law:
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ كُتِبَ عَلَيۡكُمُ ٱلۡقِصَاصُ فِى ٱلۡقَتۡلَى*ۖ ٱلۡحُرُّ بِٱلۡحُرِّ وَٱلۡعَبۡدُ بِٱلۡعَبۡدِ وَٱلۡأُنثَىٰ بِٱلۡأُنثَىٰ*ۚ فَمَنۡ عُفِىَ لَهُ ۥ مِنۡ أَخِيهِ شَىۡءٌ۬ فَٱتِّبَاعُۢ بِٱلۡمَعۡرُوفِ وَأَدَآءٌ إِلَيۡهِ بِإِحۡسَـٰنٍ۬*ۗ ذَٲلِكَ تَخۡفِيفٌ۬ مِّن رَّبِّكُمۡ وَرَحۡمَةٌ۬*ۗ فَمَنِ ٱعۡتَدَىٰ بَعۡدَ ذَٲلِكَ فَلَهُ ۥ عَذَابٌ أَلِيمٌ۬ (١٧٨
وَلَكُمۡ فِى ٱلۡقِصَاصِ حَيَوٰةٌ۬ يَـٰٓأُوْلِى ٱلۡأَلۡبَـٰبِ لَعَلَّڪُمۡ تَتَّقُونَ (١٧٩
۔۔۔
سُوۡرَةُ البَقَرَة
O you who believe, Qisas has been prescribed for you in the case of murdered people: The freeman (will be killed) for the freeman, the slave for the slave, and the female for the female. However, if one is somewhat forgiven by his brother, the recourse (of the latter) is to pursue the former (for blood money) with fairness, and the obligation (of the former) is to pay (it) to the latter in a nice way. That is a relief from your Lord, and a mercy. So, whoever transgresses after all that will have a painful punishment. (178) There is life for you in Qisas, O people of wisdom, so that you may refrain (from killing). (179)
Surah Al-Baqara
The Command and the Wisdom behind the Law of Equality
Allah says:
يَا أَيُّهَا الَّذِينَ آمَنُواْ كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى
O you who believe! Al-Qisas (the Law of equality) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female.
Allah states: O believers! The Law of equality has been ordained on you (for cases of murder), the free for the free, the slave for the slave and the female for the female. Therefore, do not transgress the set limits, as others before you transgressed them, and thus changed what Allah has ordained for them.
The reason behind this statement is that (the Jewish tribe of) Banu An-Nadir invaded Qurayzah (another Jewish tribe) during the time of Jahiliyyah (before Islam) and defeated them. Hence, (they made it a law that) when a person from Nadir kills a person from Quraizah, he is not killed in retaliation, but only pays a hundred Wasq of dates. However, when a person from Quraizah kills a Nadir man, he would be killed for him. If Nadir wanted (to forfeit the execution of the murderer and instead require him) to pay a ransom, the Quraizah man pays two hundred Wasq of dates (double the amount Nadir pays in Diyah (blood money)). So Allah commanded that justice be observed regarding the penal code, and that the path of the misguided and mischievous persons be avoided, who in disbelief and transgression, defy and alter what Allah has commanded them. Allah said:
كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى
Al-Qisas (the Law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female.
Allah's statement:
الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى (the free for the free, the slave for the slave, and the female for the female) was abrogated by the statement life for life (5:45).
The Four Imams (Abu Hanifah, Malik, Shafii and Ahmad) and the majority of scholars stated that;
the group is killed for one person whom they murder.
Umar said, about a boy who was killed by seven men,
"If all the residents of San`a' (capital of Yemen today) collaborated on killing him, I would kill them all.''
No opposing opinion was known by the Companions during that time which constitutes a near Ijma(consensus).
There is an opinion attributed to Imam Ahmad that;
a group of people is not killed for one person whom they kill, and that only one person is killed for one person.
Ibn Al-Mundhir also attributed this opinion to Mu`adh, Ibn Az-Zubayr, Abdul-Malik bin Marwan, Az-Zuhri, Ibn Sirin and Habib bin Abu Thabit.
Allah's statement:
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاء إِلَيْهِ بِإِحْسَانٍ
But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully.
refers to accepting blood money (by the relatives of the victim in return for pardoning the killer) in cases of intentional murder.
This opinion is attributed to Abu Al-Aliyah, Abu Sha`tha', Mujahid, Sa`id bin Jubayr, Ata Al-Hasan, Qatadah and Muqatil bin Hayyan.
Ad-Dahhak said that Ibn Abbas said: فَ
مَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ (But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), means,
"the killer is pardoned by his brother (i.e., the relative of the victim) and accepting the Diyahafter capital punishment becomes due (against the killer), this is the `Afw (pardon mentioned in the Ayah).''
Allah's statement:
فَاتِّبَاعٌ بِالْمَعْرُوفِ
...then it should be sought in a good manner,
means, when the relative agrees to take the blood money, he should collect his rightful dues with kindness:
وَأَدَاء إِلَيْهِ بِإِحْسَانٍ
and paid to him respectfully.
means, the killer should accept the terms of settlement without causing further harm or resisting the payment.
Allah's statement:
ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ
This is an alleviation and a mercy from your Lord.
means the legislation that allows you to accept the blood money for intentional murder is an alleviation and a mercy from your Lord. It lightens what was required from those who were before you, either applying capital punishment or forgiving.
Sa`id bin Mansur reported that Ibn Abbas said,
"The Children of Israel were required to apply the Law of equality in murder cases and were not allowed to offer pardons (in return for blood money). Allah said to this Ummah (the Muslim nation):
كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ
The Law of equality in punishment is prescribed for you in case of murder: the free for the free, the servant for the servant, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money).
Hence, `pardoning' or `forgiving' means accepting blood money in intentional murder cases.''
Ibn Hibban also recorded this in his Sahih.
Qatadah said:
ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ (This is an alleviation from your Lord),
Allah had mercy on this Ummah by giving them the Diyah which was not allowed for any nation before it.
o The People of the Torah (Jews) were allowed to either apply the penal code (for murder, i.e., execution) or to pardon the killer, but they were not allowed to take blood money.
o The People of the Injil (the Gospel - the Christians) were required to pardon (the killer, but noDiyah was legislated).
o This Ummah (Muslims) is allowed to apply the penal code (execution) or to pardon and accept the blood money.''
Similar was reported from Sa`id bin Jubayr, Muqatil bin Hayyan and Ar-Rabi bin Anas.
Allah's statement:
فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ (١٧٨
۔۔۔
So after this whoever transgresses the limits, he shall have a painful torment.
means, those who kill in retaliation after taking the Diyah or accepting it, they will suffer a painful and severe torment from Allah.
The same was reported from Ibn Abbas, Mujahid, Ata Ikrimah, Al-Hasan, Qatadah, Ar-Rabi bin Anas, As-Suddi and Muqatil bin Hayyan.
Allah's statement:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ
And there is life for you in Al-Qisas,
legislating the Law of equality, i.e., killing the murderer, carries great benefits for you. This way, the sanctity of life will be preserved because the killer will refrain from killing, as he will be certain that if he kills, he would be killed. Hence life will be preserved.
In previous Books, there is a statement that killing stops further killing! This meaning came in much clearer and eloquent terms in the Qur'an:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ (And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment).
Abu Al-Aliyah said,
"Allah made the Law of equality a `life'. Hence, how many a man who thought about killing, but this Law prevented him from killing for fear that he will be killed in turn.''
Similar statements were reported from Mujahid, Sa`id bin Jubayr, Abu Malik, Al-Hasan, Qatadah, Ar-Rabi bin Anas and Muqatil bin Hayyan.
Allah's statement:
يَاْ أُولِيْ الأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ (١٧٩
۔۔۔
O men of understanding, that you may acquire Taqwa.
means, `O you who have sound minds, comprehension and understanding! Perhaps by this you will be compelled to refrain from transgressing the prohibitions of Allah and what He considers sinful.'
Taqwa (mentioned in the Ayah) is a word that means doing all acts of obedience and refraining from all prohibitions.
