Punishment: An eye for an eye, a
tooth for a tooth
Q529 :"Indeed, We did reveal the Torah, containing
guidance and light. By it did the prophets, who had surrendered
themselves to Allah, judge among the Jews, and so did the divines and
the rabbis; they gave judgment in accordance with what had been
entrusted to their care of Allah's scriptures and to which they
themselves were witnesses. No, have no fear of men but fear Me; and do
not barter away My revelations for a paltry price. Those who do not
judge in accordance with what Allah has revealed are indeed
disbelievers. In it (i.e. the Torah) We decreed for them 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 a (similar) retribution for wounds. But for [those who
do not act] in accordance with what Allah has revealed are indeed
wrongdoers." (The Repast, "Al-Maidah": 5;44-45). Commentary by Sayyid
Qutb.
A529 : Every religion revealed by Allah comprises
three essential aspects: a faith which settles deep into the mind, a
set of worship rituals and a law to regulate human life. The
implementation of Allah's law will always be met by opposition from
people in authority, those who pursue their own interest or their vain
desires and the deluded masses who may find the implementation of
Allah's law a heavy burden. Allah addresses His servants to whose care
He entrusts the implementation of His law not to fear any human beings
or their resistance, they should fear Allah alone. Allah also knows
that some of those who are charged with the safekeeping and
implementation of Allah's law may find worldly temptations too strong
to resist. As they realize that people with power or money and those
who seek all types of pleasure oppose Allah's legislation, they may
flatter them in order to gain something of the riches and pleasures of
this world. Professional clerics in all generations have yielded to
such temptation as did some Jewish rabbis. Allah addresses all those
saying to them: "Do not barter away My revelations for a paltry price."
This is the price they get in return for their silence or for their
distortion of Allah's revelations or for issuing doubtful rulings.
Indeed, every price offered is paltry, even if it includes all that is
in this world. How could it be described otherwise, when it is no more
than a position, a salary, a title and a petty interest for which faith
is bartered away and hell purchased? Nothing is more wicked than
treachery by a person who is in a position of trust and nothing is more
vile than the distortion of facts by a witness. Those who are given the
title, "religious men" do commit such treachery and distortion. They
remain idle when they are called upon to work for the implementation of
Allah's revelation and they lift words out of context in order to
please those in power at the expense of Allah's revelation. In a most
decisive, definitive and general statement, Allah tell us: "Those who
do not judge in accordance with what Allah has revealed are indeed
disbelievers." The generality of this statement makes it absolutely
unrestricted to time or place. The ruling is definitive and applicable
to everyone who does not judge according to Allah's revelation,
regardless of where and in what period he lives. The reason is the one
we have already explained. A person whose judgment is at variance with
Allah's revelation denies the Godhood of Allah. A basic quality of
Godhood is the authority to legislate. Whoever observes something other
than Allah's revelation in his judgment does not only reject a
particular aspect of Allah's Godhood but also claims for himself
certain qualities of Godhood. If that is not disbelief, I wonder what
is. For what use is a verbal claim of being a believer or submitting to
Allah, when action denies such a claim? Any argument about this
definitive, decisive and general ruling is not more than an attempt to
avoid facing the reality. To try to give this ruling a different
interpretation is simply an attempt to lift words out of their context.
Such arguments change nothing of Allah's clear and definitive judgment.
Having explained this basic rule in all divine faiths, the surah gives
some examples of the law contained in the Torah which Allah had
revealed so that on its basis, prophets, divines and rabbis judge among
the Jews: "In it We decreed for them 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 a
(similar) retribution for wounds." These provisions outlined in the
Torah have been retained in Islamic law as an integral part of it,
since it is meant to be the law of all mankind, till the end of time.
It is true that these provisions may not be implemented except in the
land of Islam, but this is only for practical reasons. Islamic
authority cannot implement these provisions beyond the borders of the
land of Islam. Whenever and wherever Muslim rulers can implement these
laws, they are required to do so. Since Islamic law is a code for all
mankind in all generations, one provision has been added to them under
Islam. This is the one to which reference is made in the following
Qur'anic statement: "But for him who forgoes it out of charity it will
atone for some of his sins." This was not included in the law of the
Torah. Retaliation was inevitable. No one could waive it or forgo it.
Hence no atonement of sins could be achieved through such a charitable
gesture. A word on the concept of retaliation in punishment for
injuries that may not go amiss. The basic principle which is
established through this concept is that of equality of human beings
and equality before the law. No law other than that of Allah
acknowledges such an equality so as to make the punishment equal to the
crime and to remove all considerations of class, position, lineage and
race. It is a principle, which is amplified by its comprehensive
application: "A life for a life, an eye for an eye, a nose for a nose,
and ear for an ear, a tooth for a tooth, and a (similar) retribution
for wounds." No distinction between rulers and ruled, or between one
class and another. All are equal before Allah's law, since they all
descend from one single soul created by Allah. This great principle
established by Allah's law is the true and complete declaration of the
birth of man when all human beings are considered equal, subject to the
same law which rules on the basis of absolute equality. It is the first
declaration of its kind. Human laws have lagged behind for tens of
centuries before they began to aspire to rise to its level, but even
then, their aspirations remained both partial and theoretical. As for
practical application, they continued to lag behind. The Jews, in
whose scriptures, the Torah, this great principle was established,
deviated from it in their relations with other people. They used to
say: "We are subject to no restrictions in relations with the
Gentiles." They also deviated from it in their own internal relations,
as we have already explained when two Jewish tribes in Madinah,
Quraithah and An-Nadheer established a system of blood money which gave
the victorious twice as much as it gave the defeated. Prophet Muhammad
(peace be upon him) brought them back to the implementation of Allah's
law based on equality. He put them all on the same level. Apart from
its being a declaration of the birth of man, retaliation on the basis
of equality is a most effective deterrent which makes anyone who
contemplates killing another or causing him bodily harm think twice
before putting his thoughts into action. He knows that regardless of
his position, family connections, class or race, he will be executed
for killing and he will suffer the same bodily harm as he causes. If he
cuts off the hand or the leg of another person, he will have his own
hand or leg cut off; and if he destroys an eye, an ear, a nose or a
tooth, a similar organ of his will be destroyed. But he may not
hesitate that long when he realizes that all that could happen to him
is a period of imprisonment, long as it may be. His own physical agony
or handicap is so different from putting up with a period of
punishment. Moreover, retaliation on the basis of equality is the sort
of punishment which appeals to human nature. It quenches the desire for
revenge which may be fueled by blind fury and it pacifies hearts and
heals wounds. Some people may accept blood money while others insist on
retaliation. Under Islam, divine legislation takes full account of
human nature, as it has been done in the Torah. Having ensured the
satisfactory punishment of retaliation, Islam appeals to the benevolent
element in human nature to encourage charitable forbearance: "But for
him who forgoes it out of charity, it will atone for some of his sins."
It is up to the next of kin of a person who has been killed or to the
injured person himself in all cases of wounds and injuries to be
charitable and to forgo retaliation. It is up to either person, out of
his own free choice, to forgo his right to retaliation and to accept
blood money in place of it, or to forgo both. If he does, Allah will
forgive him some or all of his sins. It should be added, however, that
even if such a person forgoes retaliation for blood money, the Muslim
ruler may enforce a lesser punishment, as he deems fit, on the killer.
Our Dialogue ( Source : Arab News - Jeddah )