Allah says in His glorious Book: "O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. And there is for you in legal retribution [saving of] life, O you of understanding, that you may become righteous." (Surah Al-Baqarah - 2:178-179)
Reprisal is a law that preserves man's life. It salvages him from the law of the jungle. The law of the jungle turns life into a state of chaos. In that chaos, man is no longer safe. Without this law, man disengages from legal restraints by resorting to revenge. This method might drive the blood heirs to kill a number of people. This is especially true if the deceased was in an honorable social position and the killer was a commoner. The blood heirs would not be satisfied by killing the murderer only. Such an unequal reality might lead to a destructive war between tribes. This could result in the loss of many souls. The positivity of this legislation outweigh its negativities. Neglecting this legislation might have many negative repercussions. Any positivity would have no significance compared to them.
The act of killing should be premeditated to execute the reprisal. The killer must venture upon it with the intention of killing. This includes having the intention to kill. It also includes committing an act that leads objectively to death. For example, one who stabs someone in the heart without intending to kill him. The nature of the decisive cause of death represents an intention for killing. This is through the relation between the cause and the effect.
"But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct." This means that pardon is the alternate behavior the Quran encourages. The one who enjoys the right might let off his right if he is capable. If the blood relatives set their minds on this, it does not undermine the objective of reprisal. It confirms the main principle. Pardon has positive results on the social level. It also has positive results on the moral level. It elevates the one who enjoys the right to a high level. He becomes a man who possesses the spiritual strength to overcome his personal motives. He opens up to the murderer on the basis of humanitarian love. He condones the crime by considering man's brotherhood at the level of faith. This turns the entire issue into a pardon without any return. He attains the most sublime level of giving and spiritual ascension.
On another level, there is the Diyyah (blood money). The blood heir spares the life of the killer. He is satisfied by the compensation he receives for the loss. This is a realistic alternative that absorbs negative emotions. It bases the reconciliation on human subjective reality.
Allah wants the one who owes a right to fulfill it without stalling. He should feel the kindness embodied in being pardoned. He should act accordingly by giving handsomely. The one to whom the right belongs should not burden his fellow brother if he agreed over the Diyyah. This interpretation was narrated by Al-Kafi. It is on the authority of Al-Halabi who quoted Imam As-Sadiq (a.s.). He was asked about Allah’s saying: "But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct." The Imam said: "He who has got the right (the aggrieved party) should not put his brother (the murderer) in difficulty when he has made settlement with him concerning the blood-money. And he who has the duty of paying the blood-money should not delay in its payment when he has the ability to do so. And he should pay it to him in a good manner."
"This is an alleviation from your Lord…" Allah wants to spread the concept of pardon. He aims to relieve the burdens of people. They would not have to resort to killing the murderer. Forgiveness and pardon open doors for peaceful solutions. These solutions take away negative impacts during the painful psychological process. Social situations are handled wisely. This reduces man's personal pains and tendency to seek revenge. This is the Divine way to reduce the impact of the conclusive solution. "and mercy" as represented in the merciful method of forgiveness. It exchanges the act of killing with financial compensation.
"After this whoever exceeds the limits shall be in grave penalty…" Some people in the pre-Islamic era used to seek revenge. They killed the killer even after pardoning him and taking the diyyah. They sought financial and physical compensation as a double reprisal. This was to emphasize the blood heir's pride and loyalty. This is a state of new aggression. A pardon, whether with the diyyah or not, erases the effects of the crime. It should not extend into the future by counter reactions. This act of killing becomes a new aggression. The blood heir of the new crime has the right to kill him as a kind of reprisal. He can also forgive him in exchange for a diyyah or nothing.
"There is in the Law of Equality [reprisal]" a legislation prescribed for you. It is for the sake of eradicating the roots of crime from the soul. The soul might seek revenge and thirst for blood. The law limits it to releasing one's feelings by killing the killer. This is a kind of deterrence to whoever considers committing a crime. He realizes that the legislation gives the blood heir the opportunity of retaliating. This protects him from any negative impact.
This is the best way to control any future crime. It addresses the social reality in its early complications. Neither money nor jail are enough to accomplish that.
"(saving of) Life…" As life gains more credit, individual feuds would lead to fewer murders. This paves the way for life to extend naturally. Killing the murderer actually produces life. Without it, life would fall under the impact of coming crimes. It is like a surgical operation. The organ that endangers life is exenterated to prolong and protect life.
"O you of understanding; that you may become righteous," O you people who think with your hearts. You do not react emotionally and impulsively. You are the ones who make a comparison. You weigh the negative and positive aspects. You consider the advantages and disadvantages.
The rule of this legislation is driving life away from danger. There is no way for messing with life as a principle. Any offense against an individual is an offense against all people. It is an offense against the principle itself. There is no difference in the value and sanctity of life between one person and another. Preserving the life of one individual signifies preserving the lives of all people. It respects life as a principle that extends to include everyone.
Source: An excerpt from the book "Interpretations inspired from the Quran."
Allah says in His glorious Book: "O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. And there is for you in legal retribution [saving of] life, O you of understanding, that you may become righteous." (Surah Al-Baqarah - 2:178-179)
Reprisal is a law that preserves man's life. It salvages him from the law of the jungle. The law of the jungle turns life into a state of chaos. In that chaos, man is no longer safe. Without this law, man disengages from legal restraints by resorting to revenge. This method might drive the blood heirs to kill a number of people. This is especially true if the deceased was in an honorable social position and the killer was a commoner. The blood heirs would not be satisfied by killing the murderer only. Such an unequal reality might lead to a destructive war between tribes. This could result in the loss of many souls. The positivity of this legislation outweigh its negativities. Neglecting this legislation might have many negative repercussions. Any positivity would have no significance compared to them.
The act of killing should be premeditated to execute the reprisal. The killer must venture upon it with the intention of killing. This includes having the intention to kill. It also includes committing an act that leads objectively to death. For example, one who stabs someone in the heart without intending to kill him. The nature of the decisive cause of death represents an intention for killing. This is through the relation between the cause and the effect.
"But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct." This means that pardon is the alternate behavior the Quran encourages. The one who enjoys the right might let off his right if he is capable. If the blood relatives set their minds on this, it does not undermine the objective of reprisal. It confirms the main principle. Pardon has positive results on the social level. It also has positive results on the moral level. It elevates the one who enjoys the right to a high level. He becomes a man who possesses the spiritual strength to overcome his personal motives. He opens up to the murderer on the basis of humanitarian love. He condones the crime by considering man's brotherhood at the level of faith. This turns the entire issue into a pardon without any return. He attains the most sublime level of giving and spiritual ascension.
On another level, there is the Diyyah (blood money). The blood heir spares the life of the killer. He is satisfied by the compensation he receives for the loss. This is a realistic alternative that absorbs negative emotions. It bases the reconciliation on human subjective reality.
Allah wants the one who owes a right to fulfill it without stalling. He should feel the kindness embodied in being pardoned. He should act accordingly by giving handsomely. The one to whom the right belongs should not burden his fellow brother if he agreed over the Diyyah. This interpretation was narrated by Al-Kafi. It is on the authority of Al-Halabi who quoted Imam As-Sadiq (a.s.). He was asked about Allah’s saying: "But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct." The Imam said: "He who has got the right (the aggrieved party) should not put his brother (the murderer) in difficulty when he has made settlement with him concerning the blood-money. And he who has the duty of paying the blood-money should not delay in its payment when he has the ability to do so. And he should pay it to him in a good manner."
"This is an alleviation from your Lord…" Allah wants to spread the concept of pardon. He aims to relieve the burdens of people. They would not have to resort to killing the murderer. Forgiveness and pardon open doors for peaceful solutions. These solutions take away negative impacts during the painful psychological process. Social situations are handled wisely. This reduces man's personal pains and tendency to seek revenge. This is the Divine way to reduce the impact of the conclusive solution. "and mercy" as represented in the merciful method of forgiveness. It exchanges the act of killing with financial compensation.
"After this whoever exceeds the limits shall be in grave penalty…" Some people in the pre-Islamic era used to seek revenge. They killed the killer even after pardoning him and taking the diyyah. They sought financial and physical compensation as a double reprisal. This was to emphasize the blood heir's pride and loyalty. This is a state of new aggression. A pardon, whether with the diyyah or not, erases the effects of the crime. It should not extend into the future by counter reactions. This act of killing becomes a new aggression. The blood heir of the new crime has the right to kill him as a kind of reprisal. He can also forgive him in exchange for a diyyah or nothing.
"There is in the Law of Equality [reprisal]" a legislation prescribed for you. It is for the sake of eradicating the roots of crime from the soul. The soul might seek revenge and thirst for blood. The law limits it to releasing one's feelings by killing the killer. This is a kind of deterrence to whoever considers committing a crime. He realizes that the legislation gives the blood heir the opportunity of retaliating. This protects him from any negative impact.
This is the best way to control any future crime. It addresses the social reality in its early complications. Neither money nor jail are enough to accomplish that.
"(saving of) Life…" As life gains more credit, individual feuds would lead to fewer murders. This paves the way for life to extend naturally. Killing the murderer actually produces life. Without it, life would fall under the impact of coming crimes. It is like a surgical operation. The organ that endangers life is exenterated to prolong and protect life.
"O you of understanding; that you may become righteous," O you people who think with your hearts. You do not react emotionally and impulsively. You are the ones who make a comparison. You weigh the negative and positive aspects. You consider the advantages and disadvantages.
The rule of this legislation is driving life away from danger. There is no way for messing with life as a principle. Any offense against an individual is an offense against all people. It is an offense against the principle itself. There is no difference in the value and sanctity of life between one person and another. Preserving the life of one individual signifies preserving the lives of all people. It respects life as a principle that extends to include everyone.
Source: An excerpt from the book "Interpretations inspired from the Quran."