178- YOU WHO BELIEVE, RETRIBUTION HAS BEEN PRESCRIBED FOR YOU IN THE CASES OF KILLING.  A FREE PERSON FOR A FREE PERSON, A SLAVE FOR A SLAVE, AND A FEMALE FOR A FEMALE, BUT WHOEVER IS PARDONED BY HIS BROTHER, THEN SHOULD GRANT THE COMPENSATION IN AN AMICABLE WAY AND PAY IT IN APPRECIATION.  THIS IS A RELIEF AND MERCY FROM YOUR LORD, BUT WHOEVER TRANSGRESSES AFTER THAT SHALL HAVE PAINFUL PUNISHMENT.

179- YOU SHALL HAVE LIFE IN RETRIBUTION, YOU OF SOUND MINDS, SO THAT YOU MAY BE PIOUS.

These Ayahs were sent down to abolish some practices used before Islam.  However, its rules were later superseded by others.  The Arabs used to have a different ransom for a free person, from that of a woman from that of a slave.  However, if someone important was killed, or a person from a powerful or a rich family, they will ask for a much higher ransom, like ask for the ransom of 10 men for just one man. 

Allah the Highest forbad this practice, but in the mean time establishes the principle of paying ransom for the person killed by mistake or if the next the kin agrees if the person is killed intentionally. 

This saves people’s blood and prevents feuds between families and people which prevents further blood shed which used to go on for generations. 

The rules regarding compensations did not change, however Allah the Highest abolished the different values for free men, females, etc. making them all equal saying: “AND WE DECREED THEREIN FOR THEM THAT, A SOUL IS FOR A SOUL, AND EYE FOR AN EYE, A NOSE IS FOR A NOSE, A TOOTH IS FOR A TOOTH, AND THERE IS RETRIBUTION IN WOUNDS”.  (S: 5 A: 45)

This means that all souls are equal, men, women, children, etc.  Allah’s messenger prayer and peace upon him also said: “He who kills his slave, we will kill him, he who cut an organ of his slave, we will cut the same organ of him, and he who castrates his slave, and we shall castrate him”.  (D:Dyat;7 & T:Dyat;17 & N:Qesamah;10,16 & Ma:Dyat;23 & Da:Dyat;7 & A:5;10)

It is however generally agreed that if any number of people who together kill one person, they will all be treated as if each one of them killed, and they may all be executed for it.  Omar Ibn El-Khatab when he was Khalifa, may Allah be pleased with him executed 7 men who killed one boy and he said: “By Allah, if all the people of Sanaa (capital of Yemen) gathered to kill him, I would have killed them”.

When a person is murdered, not accidentally killed, his next of kin will have three choices to choose from in dealing with the murderer:

1-    Execution.

2-    Paying of Ransom.  The amount of which is a stated amount for any one of any social status.  The going rate is the value of 100 Camels.

3-    To Pardon.  To let the murderer go free without paying ransom.

Allah’s messenger prayer and peace upon him said: “Whoever is afflicted by killing or injury, he will have to choose between one of three: Retribution, Pardoning, or taking compensation.  If he wants the fourth (another option), restrain his hand, and he who transgresses after this shall be in the fire of Gahanna, abiding there for eternity”.  (T: Dyat; 13 & Ma: Dyat; 3 & Da: Dyat; 1 & A: 4; 31)

If a person accepts and takes compensation for a victim, then kills the murderer, he will be a murderer himself.  Allah’s messenger prayer and peace upon him said: “I do not pardon a man who kills after taking compensation”.  (D: Dyat; 5)

Retribution is a deterrent, establishes social order and justice in the society and also may provide some ground for pardoning and forgiveness in the society.  It prevents feuds and reprisal killings.

B: Bukhari  M: Muslim    Mal: Malek   A: Ahmed   D: Abu Dawood     

 Da: Daremy       Ma: Ibn Magah            N: Nesae          T: Termezi