QIS’AAS AS PER QURAN
GENERAL MISCONCEPTIONS & MALPRACTICE
Qisaas is assumed to mean ‘retaliation, and following the ‘retributive justice’ of ‘an eye for an eye.’ In the case of murder, it means the right of the heirs of a murder victim to demand execution of the murderer. However, the Quran also prescribes that one should seek compensation and not demand retribution. The basis of this practice was that a member of the tribe to which the murderer belonged was handed over to the victim’s family for execution, equivalent to the social status of the murdered person. The condition of social equivalence meant the execution of a member of the murderer’s tribe who was equivalent to the murdered, in that the murdered person was male or female, slave or free, elite or common one. For example, only one slave could be killed for a slave, and a woman for a woman. Those who are entitled to Qisas have the option of receiving monetary compensation or granting pardon to the perpetrator instead.
THIS COMMON PRACTICE IS AGAINST QURANIC CONCEPT OF QIS’AAS
If we look at the historical account, the principle of retaliation in ancient societies has been going on for centuries, even before the revelation of Quran- which meant that, the person who committed a crime or the tribe he/she belonged to would be punished in the same way as the crime committed. That is, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since the principle of individual responsibility did not exist in ancient societies, someone else, such as his/her closest relative, could be punished instead of the criminal. Most of the time, no matter whether the killing was intentional or not, a life was taken for every life or blood price known as Diyya was paid. If Quran is to support or strengthen the same concept of retaliation, that has been going on for centuries, where is the wisdom of Allah, and what has changed, since many a generation would continue to be killed in this manner? The theme of Quranic commandments is always to promote collective goodness and virtuous qualities in human beings by providing preventive and precautionary measures to minimize the commission of crimes, and never to strengthen or support the wrong practices of ignorance, and never to promote vengeance, retaliation or revenge
QIS’AAS AS PER QURAN
The word Qis’aas is normally translated as legal retribution. The word Qas’as’ normally translated as ‘narrated’ or ‘mentioned’ basically stemming from the characteristics in terms of ‘to follow on someone’s footsteps or to retrace what someone has done’. Therefore, the word Qis’aas’ means to retrace, track, follow the criminal in such a manner so that to get the payback, recompense and retribution for the crime in just and equitable manner or better one – basically used in the meanings of the system of justice following, tracking, pursuing the crime so as to get the best retribution for the victims from those who committed the crimes in best possible just and equitable manner. Thus, the basic parameters of definition of the word Qisaas, is as the system of justice employed to track, follow, trace, pursue those who have committed the crime, the basic purpose of which is to get the maximum justice and retribution from those who have committed such crimes while at the same time, to promote, healing, human connections and strengthen good virtues. In order to understand the Qis’aas as per Quran, we would be looking into depth two set of Ayahs 2:178-179 and 5:45.
QIS’AAS AS PER AYAHS 2:178-2:179
In this regard if we refer the following Ayahs, we know that these Ayahs are telling us about the Qisaas for Qatal- physical or allegorical killing of someone. We know that Qatal of any individual is like Qatal of the whole of humankind – Refer ayah 5:32 “…whoever Qatal a Nafs, unless as a punishment for Qatal or Fasaad on land, it will be as if they have Qatal all of humanity; and whoever frees/saves a Nafs, it will be as if they saved all of humanity.” Keeping this in mind and the fact that there cannot be any injustice as per the laws of Deen, since Deen is Haqq – i.e., ultimate justice as per the Allah’s solid judicial principals, let’s understand what is the divine guidance with respect to Qisaas concerning Qatal from the following Ayahs.
[Quran 2:178] O you who Emaan (آمَنُوا), Kutiba (كُتِبَ) to you is the Qis’aas (الْقِصَاصُ) concerning the Qatal (الْقَتْلَى). The Hurru (الْحُرُّ) for the Hurri (بِالْحُرِّ), the A’bdu (الْعَبْدُ) for the A’bdi (بِالْعَبْدِ), the Nissa (وَالْأُنْثَىٰ) for the Nissa (بِالْأُنْثَىٰ)- so whoever Afu’a (عُفِيَ) for it of his/her Akhiey (أَخِيهِ) in anything, then follow up with Ma’aroof (بِالْمَعْرُوفِ) payment to him with Ahsaan (بِإِحْسَانٍ). This is an alleviation from your Rab (رَبِّكُمْ) and a Rahmtaun (َرَحْمَةٌ). But whoever commits transgression after that, then he will have a painful Azaabun (عَذَابٌ).
[Quran 2:179] And for you is life in the Qis’aas (الْقِصَاصُ), O those of intelligence, so that you will be Tattaquoon (تَتَّقُونَ).
HOW CAN ALLAH, WHO IS RAB & RAHMAN FOR EVERYONE, ORDAIN REVENEGE BASED ON SOCIAL STATUS? WHERE IS THE JUSTICE AT ITS BEST?
By mistranslating the Ayah 2:178 as “the legal retribution for those murders is – the free for the free, the slave for the slave, and the female for the female”- Not only translating the word Hurru as free person or Aabid as slave, or Nissa as woman- are all wrong translations; this is a wrong understanding and interpretation of the concept of Qisaas, for example in a situation of killing of one Nafs who was a slave for instance. In this situation, as a Qisas, how can Allah allow the killing of another slave in place of someone who got killed and who was a slave? What is the blame, the crime of the slave who is being murdered in the name of Qisas for another slave? where is the justice as per Allah’s infinite justice and wisdom? We know in the tribal areas, which lack any system of justice or accountability, in the name of Qisaas people from both side of the tribal feud keep on taking the each other’s lives – most of the times for generations and generations whereby many people lose their lives because of this tribal feud – and it all started with one Qatal of one individual by the one person of another tribe, they use to kill each other’s brother, sister, children & parents in retribution instead of the actual killer or being able to get the proper justice. How can Allah’s infinite wisdom and justice allow this to start and/or to continue all in the name of Qisaas?
THE BASIC CONCEPT OF AYAHS 2:178-179
What these two Ayahs of 2:178-179 is very categorically telling us, by identifying first the basic natural human nature of taking revenge, which is “The Hurru (life) for the Hurri (life), the A’bdu (Allah’s Abid) for the A’bdi (Allah’s Aabid), the Nissa (anyone from the weaker segment of society- women, children, elderly, weak etc.) for the Nissa (anyone from the weaker segment of society- women, children, elderly, weak etc.)”. Thus, these ayahs, first identify all the natural inclinations of us as humans to take revenge. However, the Qisaas is not this, this is a natural fitrat of us as humans. Qisaas is what is defined soon after through the phrase “so, whoever Afu’a (عُفِيَ) for it of his/her Akhiey (أَخِيهِ) in anything, then follow up with Ma’aroof (بِالْمَعْرُوفِ) payment to him with Ahsaan (بِإِحْسَانٍ)”. The Qisaas is the Afu’a, giving generously, freely and in abundance, much beyond one’s haqq- as a due right, in the meanings of, that instead of taking a revenge, with like for a like, as a response to any incident, or event, one should give generously, freely and in abundance, over and beyond what’s one deserves as his/her due right because that person could become one’s Akhiy- pillar of strength and support. This, turning of a revengeful situation, through Afua to make Akhiy of the person, in this situation is the Qisaas should then be followed up with a Maroof (Valuable, acceptable and pleasant) payment by the person who has committed this crime with Ahsan – that is something that looks good/pleasant, to create balance to eliminate Fasad, not in expectation of any return, a step up of Ad’al to give someone more than what their Haqq is. This system of Qisaas is further explained by the phrase of 2:179 “And for you is Hyyaat (life, living) in the Qis’aas…” Had it been the system of Qisaas as is normally interpreted where is the life in this sort of legal retribution and revenge system which is normally interpreted as Qisaas? as we know it could wipe out generations after generations in this system of taking revenge, there is no life in such a system of revenge and this is not Qisaas. Qisaas is Afu’a- not only forgiving and pardoning the other person, but giving freely and generously beyond what his/her due right could be, which is kutaba, written, made obligatory, which should be followed up by the payment in Ahsan by those who committed Qatal. This is Qisaas i.e., this is alleviation from your Rabb and Rahmat”. The next phrase “…But whoever commits transgression after that, then he will have a painful Azaabun” Basically warns those who commit transgression beyond these defined boundaries, it could be from either side, from those who have committed Qatal, it could be lack of any payment as compensation or paying what is not Maroof and Ahsan. From those who are on the receiving end, the victims of the Qatal, the family of those who were Qatal, the transgression could be asking too much as compensation, basically anyone who crosses these boundaries of deen, as defined by Allah as a system of Qisaas, is being addressed in this phrase and warned of a painful Azaab. But those who follow this with their purest of hearts, intentions and minds, for them Allah is saying “…And there is for you in Qisaas life, O you people of understanding, that you will be Tataquoon (i.e. observe Taqwa) “. Keeping in mind, the overall divine guidance at the foundation of the concept of Qisaas, which is that of Afu’a- pardon, forgive, give generously and freely much beyond their due right as their Haqq, recompense -Payment that is Maroof and Ahsan.
QIS’AAS AS PER AYAH 5:45
Let’s take a look at the Ayah 5:45. Although Ayah 2:178-179, specifically talk about Qisaas in the case of Qatal- metaphoric or physical killings, the Ayah 5:45 is more general in nature.
Ayah 5:45 “And WE Kutibna (وَكَتَبْنَا) upon them in it- that the Nafs (النَّفْسَ) with the Nafs (بِالنَّفْسِ), and the A’aen (وَالْعَيْنَ) with the A’aen (بِالْعَيْنِ) and the A’naf (الْأَنْفَ) with the A’naf (بِالْأَنْفِ), and the Azna (الْأُذُنَ) with the Azna (بِالْأُذُنِ), and the Sanne (السِّنَّ) with the Sanne (بِالسِّنِّ), and the Jurooh (الْجُرُوحَ) is Qas’aas’(قِصَاصٌ). Then whoever Tas’adaq (تَصَدَّقَ) with it, then it is Kaffaratun (كَفَّارَةٌ) for them. And whoever does not Yahkum(يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Zwalimoon (الظَّالِمُونَ).”
COMPLETELY WRONG TRANSLATION OF AYAH 5:45
This Ayah is generally mistranslated as ‘And We wrote for them in it: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and an equal wound for a wound; but whoever forgoes it in charity, it will serve as atonement for him. Those who do not rule according to what God revealed are the evildoers.”
This is a completely wrong translation and interpretation of this very important Ayah and against the very basic system of Qis’aas as per Quran, which is based on care, compassion, connecting human relationships, as well as perfect recompense and justice.
CONCEPT OF AYAH 5:45
After identifying the three groups of people, that people in generally follow and Aghshu instead of Allah’s by following their Hikm, rather than those of Allah as per Allah’s Mohkimaat, and Tourah; Allah stresses that we, as those who Amanu, should only Aghshu Allah and do Hikm with Allah’s Mohkimaat. The Ayah 5:45, “And WE Kutibna (وَكَتَبْنَا) upon them in it…” Is then talking about another set of divine instructions, that have been Kutiba- Made Fard, obligatory and ordained upon us, related to the system of Qis’aas as per Quran.
As in Ayahs 2:178-179, Allah identifies the human nature first, which is the most common reaction to any event, incident or happening, such as “…that the Nafs (النَّفْسَ) with the Nafs (بِالنَّفْسِ)…”. As we know the word Nafs is used in Quran for a person, a soul, or an individual basically a combination of an individual’s physically and non-physical aspects. It’s also used in meanings of blood as well as to breath, to come into being or to start to. Therefore, the most common and natural human instinct is to return a Nafs with a Nafs, meanings, in whatever way a Nafs, a person, a soul has been damaged, the same damage is accorded as a revenge, and thus would include, killing as a revenge of killing, insulting as a revenge of insulting, harming a person’s valued treasure or relationship in the like manner, and so on so forth.
The other traditional revenge is in the situation of “….and the A’aen (وَالْعَيْنَ) with the A’aen (بِالْعَيْنِ)….” Here the word A’aen is normally translated as eyes. But the word is used in Quran in the meanings of anything which was hidden and then made to appear and come to light- that is which was hidden earlier, but then later on exposed- and could refer to anything such as one’s secrets, or any other aspects which was hidden and then later on exposed, and brought to light. Therefore, this phrase of ‘the A’aene with the A’aene” could refer to anything, in terms of enlightenment or exposure, which was hidden before and now brought to light as a revenge since the same thing was done by the other person- and this could include, exposing someone’s secrets or weaknesses- anything the basic aspect of which was supposed to be hidden but is now being exposed as a revenge.
In the next phrase, another traditional situation of revenge was “…and the A’naf (الْأَنْفَ) with the A’naf (بِالْأَنْفِ)…” The word A’naf is normally mistranslated as nose. However, the word is used in Quran in the meanings of exceeding, extra or in addition. Thus, “the A’naf with the A’naf” depicts normal traditional situations of one act by a person, and as a revenge the other person goes an extra mile, in terms of causing more harm and injuries as additional, exceeding what was done to him/her in the first place. For instance, a person caused some damages to another person, then in return the other person as a revenge, goes extra mile and harmed the first person exceedingly much more than the initial harm and injury done by the first person. As a revenge, the first person then went even further. This is the An’af with the A’naf.
In the next phrase, another traditional situation of revenge was “…and the Azna (الْأُذُنَ) with the Azna (بِالْأُذُنِ)…” Here the word Azne is normally mistranslated as ‘the ear with the ear’ which is a completely wrong interpretation. The word Azne is used in Quran in the meanings of announcing, declaring, proclaiming, revealing, publicizing, asserting, affirming or making known something in terms of announcement or declaration. Thus, this phrase “the Azne with the Azne” describes the announcement or proclamation of war, animosity, hate or dislike for instance which is reacted with the announcement and declaration in the like manner. Similarly In the next phrase, another traditional situation of revenge was “…and the Sanne (السِّنَّ) with the Sanne (بِالسِّنِّ)…” which is mistranslated as ‘the tooth for the tooth’- again a completely wrong translation. The word Sannan is used in the meanings of practice, the ways and the acts which are often repeated in similar fashion, by people and referring to generations after generations killing and at war with each other from both sides, which goes on for decades and centuries. When all this started and how, is then of least concern to any party, but the practice continues.
After describing all such traditional situations and practices of revenge as per the nature of humans, Allah then says “….and the Jurooh (الْجُرُوحَ) Qas’aas’(قِصَاصٌ)…”, Here the word Jurooh, is used in Quran in the meanings of wounds, injuries, lesions, cuts, sores, hurts etc., not just in the physical sense in terms of physical wounds only but also in terms of injuries to relationships and in allegorical terms too. Therefore, when Allah says, “And WE Kutibna upon them- in it- the Nafs with the Nafs, and the A’aene with the A’aene, and the A’naf with the A’naf, and the Azaan with the Azaan, and the Sanan with the Sanan, and the Juroohu Qas’aas. Then whoever Tas’adaq (تَصَدَّقَ) with it, then it is Kaffaratun (كَفَّارَةٌ) for them…” means that Allah has Kutibna- made compulsory upon us the Kitaab, which has Hikm for Qis’as, which is basically the Hikm to Tas’adaq- sincerity and honestly forgiving the mistakes of others, since the current practice of Nafs- soul with Nafs, the A’aene- enlightened vision, something that was hidden before and now brought to light with the A’ene, the A’naf- exceeding, extras, additional revenges with the A’naf, the Azaan- proclamation, announcement of war & fight with the Azaan, and the Sanan- practice with the Sanan- is all leading towards Juroohu- physical & allegorical damages, wounds, injuries, pain and sufferings, including those to human relationships with each other. Thus, after highlighting the current practice of reacting to the Juroohu in revengeful manner, as per the human nature; Allah ordains Qis’as instead of the Juroohu, as a reaction to such acts and incidents and this Kutiba is based on S’adaqaat- sincerely and honestly forgiving others as acts of Is’lah and reform, healing such wounds- physical and allegorical as well as wounds and injuries to human relationship with each other. The revengeful human behavior and practice could wipe out generations after generations of taking revenge- but as we have learned from Ayahs 2:178-179, Qisaas is Hayyat- life and living as it’s based on Afu’a- not only forgiving and pardoning the other person, but giving freely and generously beyond what his/her due right could be, which is made obligatory and should be followed up by the payment with Maroof manner in Ahsan by those who committed such acts as recompense.
After highlighting the Hikm of Qisas, that is instead of Jurooh for the Jurooh, instead follow Qisaas. Allah then says “…And whoever does not Yahkum(يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Zwalimoon (الظَّالِمُونَ).” As we know the acts of Zulm basically means to not put something in its rightful place, or something not used by its rightful owner; or rightful quantity- either increasing it or reducing it beyond the requirements; to imbalance something; to snatch some else’s property or thing by force basically used in the meanings of going against justice, Haqq and Adal; to be unjust and unkind; to use someone else’s property unnecessary by exceeding the boundaries without right; to reduce or to consume someone else’s property. Quran has used Zwalimeen as those who cross the boundaries of laws & rules, those who are oppressors, the wrong doers in terms of going against other’s due rights and Haqq; those who take advantage of people in terms of exploiting people’s abilities and properties for their own vested interests; those who are cruel and abusive of others. Therefore, by not doing Hikm, judge and decide matters among human kind, on the basis of what Allah has Kutiba, is equivalent to being of the Zwalimoon.
CONCLUSION
The System of Qis’aas as per Quran IS NOT REVENGEFUL. Allah has Kutibna- made compulsory upon us the Kitaab, which has Hikm for Qis’as, which is basically the Hikm to Tas’adaq- sincerity and honestly forgiving the mistakes of others, since the current practice of Nafs- soul with Nafs, the A’aene- A’aene- enlightened vision, something that was hidden before and now brought to light with the A’ene, the A’naf- exceeding, extras, additional revenges with the A’naf, the Azaan- proclamation, announcement of war & fight with the Azaan, and the Sanan- practice with the Sanan- is all leading towards Juroohu- physical & allegorical damages, wounds, injuries, pain and sufferings, including those to human relationships with each other. Thus, after highlighting the current practice of reacting to the Juroohu in revengeful manner, as per the human nature; Allah ordains Qis’as instead of the Juroohu, as a reaction to such acts and incidents and this Kutiba is based on S’adaqaat- sincerely and honestly forgiving others as acts of Is’lah and reform, healing such wounds- physical and allegorical as well as wounds and injuries to human relationship with each other. The revengeful human behavior and practice could wipe out generations after generations of taking revenge- but as per the system of Qis’aas as per Quran, Qisaas is Hayyat- life and living as it’s based on Afu’a- not only forgiving and pardoning the other person, but giving freely and generously beyond what his/her due right could be, which is made obligatory and should be followed up by the payment with Maroof manner in Ahsan by those who committed such acts as recompense.
