:salam2:
178. "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. 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. This is an alleviation and a mercy from your Lord. So after this, whoever transgresses the limits, he shall have a painful torment."
179. "And there is life for you in Al-Qisas (the Law of equality in punishment), O men of understanding, that you may acquire Taqwa." - Surah Baqarah (Chapter 2)
"O you who believe! Al-Qisas (the Law of equality) is prescribed for you in case of murder:" - Allah has prescribed the law of a life for a life for us regarding murder.
"the free for the free, the slave for the slave, and the female for the female." - This ayah was later abrogated by (5:45) which stated that the status of the killer doesn't matter. If a free man killed a slave then the free man would be killed. Allah is saying injustice can never be tolerated in Islam.
However, a Muslim is not killed for a disbeliever because Al-Bukhari recorded that Ali (R) narrated the Prophet
said "The Muslim is not killed for the disbeliever (whom he kills)."
"But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money)," - this is allowed. If the killer is forgiven by the relatives of the victim then he has to pay blood money (in cases of intentional murder). If they frogive, it is better. The word brother is used because it contains a kind of recommendation. If you restrain your rage against him and forgive him (even though retaliation is allowed), it is a step in ehsan. You will raise your standard of humanity. (This is the alternative =] )
"then it should be sought in a good manner, and paid to him respectfully." - meaning when the relative agrees to accept blood money, he should collect it with kindness (like not curse him out when he's collecting it) and the killer should accept the terms without causing any further harm or resisting. He should pay it respectfully with ehsan (in the best possible manner).
"This is an alleviation and a mercy from your Lord." - This legislation for intentional murder was not allowed for any other nation before us. They had to either choose capital punishment or forgiveness. There was no blood money for them. This is a blessing from Allah through His Mercy for his servants.
Qatadah said: "Allah had mercy on this Ummah by giving them the Diyah which was not allowed for any nation before it. 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. The People of the Injil (the Gospel - the Christians) were required to pardon (the killer, but no Diyah was legislated). This Ummah (Muslims) is allowed to apply the penal code (execution) or to pardon and accept the blood money.''
"So after this, whoever transgresses the limits, he shall have a painful torment." - Whoever goes against this, like killing the killer even after accpeting the blood money, deserves a painful torment from Allah.
ALLAH (SWT) 's HiKMAH (WiSDOM) BEHiND QiSAS:
"And there is life for you in Al-Qisas (the Law of equality in punishment)" - killing the killer carries great benefit: the sanctity of life will be preserved because killer will never kill again (cuz he's dead). And if he's forgiven, he still won't kill again because he knows he will be killed for sure the second time he commits murder.
It refuted the opinion of those who are totally against capital punishment. In a society with no capital punishment encourages murder because they know they won't be killed. This is why Allah says there is "life" for society in Qisas. If a society protects the murderer, he will be encouraged to kill again and so will others.
"O men of understanding," - who have the sound mind to think and understand
"that you may acquire Taqwa." - Taqwa (piety; awareness of Allah always being there) is required to understand the wisdom behind Qisas.
Lastly I would like to point out two things:
1. The right of retribution according to the Quran, belongs to the individual and not to society or state. This simple shift in responsibility results in a profound change in a whole system of justice.
2. About the prison system: To deprive a person of his freedom, which is more cherished than anything to a person (we all love our freedom), is more cruel. Also, when in prison, this hardens a criminal's behavior and prison becomes a breeding ground for future crimes.
I hope this helps. Anything I said right is from Allah and anything I have said wrong is from myself.
