QISAS- A CONCESSION A MERCY FROM THE LORD SWT GIVEN TO MANKIND

By

Lt Col(R) Tariq Mahmood Butt,TI(M)

“And cover not Truth with falsehood, nor conceal the Truth when ye know (what it is-2:42”).

This is with reference to a comment published by Mr S Iftikhar Murshed in the News International on 22 September with indication to murder case of Shahzeb Khan. The honourable author has confused the entire issue of an individual act (murder) to that of the terrorist acts taking place and the claim of talibans as retaliation(which is wrong - it is law of equality not retaliation) to the gruesome drone attacks against the innocent and unprotected. The relief given in the Quran can only be understood if the verse referred to is read in Toto which clearly speaks out for itself : “O ye who believe! the law of equality is prescribed to you in cases of murder; - the free for the free, - the slave for the slave, - the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty” (2:178). The verse makes it amply clear that the law refers to murder and that remission is offered to the legal heirs and that the legal heirs would be compensated with reasonable demand and gratitude. The word brother in this case and in all questions of inheritance, females have similar rights to males, and therefore, the masculine gender imports both sexes thus implying the legal heirs and not the community as interpreted by Muhammad Asad – he does not stand a chance in interpreting Quran against a respected community of jurist of Islam with Imam e Azam Abu Hanifa RA sitting on the top- you can read about Mr Asad from the internet. The next verse reads “In the law of equality there is (saving of) life to you, O ye men of understanding!  that ye may restrain yourselves”(2:179). Both verses read together imply that The Lord has much mitigated the horrors of pre-Islamic customs of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness. To translate qisas as retaliation is I think incorrect. Retaliation in English has a wider meaning, returning evil for evil, which would apply to the blood feuds of the days of ignorance. Islam says: if you must take a life for a life, at least there should be some measure of equality in it; the killing of a slave or a free man of a tribe should not involve a blood feud where many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable compensation, would be better. The law of equality as ordained by the Lord proves both drone strikes and the Taliban claims of retaliation as totally wrong. Another two verses from the glorious Quran read: “Never should a believer kill a believer; but (if it so happens) by mistake, (compensation is due): if one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom ye have a treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom. If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever): and the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him”(4:92&93). What is mentioned here is the punishment in Hereafter, the spiritual consequence, the legal consequences enforceable by human society are given in 2:178, under the rules of qisas as mentioned above.  Yet again in Surah Ma'ida verse 44&45, the Lord reveals, “It was We who revealed the Law (to Moses); therein was guidance and light. By its standard have been judged the Jews, by the Prophet who bowed (as in Islam) to the Will of Allah, by the Rabbis and the doctors of Law: for to them was entrusted the protection of Book, and they were witnesses thereto: therefore fear not men, but fear Me, and sell not My Signs for a miserable price. If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers. We ordained therein for them: - "Life for life, - eye for eye, - nose for nose, - ear for ear, tooth for tooth, - and wounds equal for equal." But if anyone remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (no better than) wrongdoers”.

Corollary to the above discussion it is absolutely clear that the victim’s legal heirs are given an exclusive right under Islamic Jurisprudence to pardon the murderer with or without compensation. This is not tantamount to justice put on sale this is indeed a mercy a relief a blessing in disguise gifted by the Lord SWT to the entire mankind. However, the relief and mercy offered should not be allowed to mock with. Like in this particular case the media hype created initially by the legal heirs demanding justice and denying compensation of any sort and later submitting to forgiveness with or without compensation is tantamount to mockery. Provision of Justice is the primary need of any society to survive and justice in simple terms means administering of deserved punishment or reward. An objective prosecution is thus the pinnacle for achieving a nonviolent and homogenous civilization. In this case or in any other murder case the prosecution should ensure to take an undertaking from the legal heirs for any projected remissions or otherwise.  Justice meted not only serve as compensation but as an assurance to the victims in particular and the society in general that such crimes would not be repeated. It envisages feeling of an overall secure environment and simultaneously indoctrinates a definite dread in criminals against law breaking for fear of punishment. It is hopefully assumed that  that Shazeb’s soul being an innocent victim of the gruesome murder would be resting in peace Allah willingly and be compensated beyond comprehension by the Lord Himself Who alone has the soul right to legislate.