"O
you who believe! Al-Qisas (the Law of Equality in punishment) is
prescribed for you in case of murder: the free for the free, the slave
for the slave, and the female for the female. But if the killer is
forgiven by the brother (or the relatives, etc.) of the killed against
blood money, then adhering to it with fairness and payment of the blood
money, to the heir should be made in fairness. This is an alleviation
and a mercy from your Lord. So after this whoever transgresses the
limits (i.e. kills the killer after taking the blood money), he shall
have a painful torment. And there is (a saving of) life for you in
Al-Qisas (the Law of Equality in punishment), O men of understanding,
that you may become pious." [2:178-179]
Imaam Ibnul Qayyim said: He refrains from killing out of loving and giving precedence to his own life, so there is preservation of his life and the life of the one he wants to murder. Also when a man killed another man from another family or tribe, the family or tribe of the victim killed everyone they could find from the family, tribe and city district of the murderer, and in this there was overwhelming corruption and destruction, so Allah legislated the law of equality in punishment and so that none else is killed except the one who committed murder. This preserved the lives of murderer’s relatives and the people of his city. [Miftaah Daar As-Sa’adah 431-432]
Imaam As-Sadi said: By way of it (i.e. the law of equity in punishment) life is preserved and the misguided ones who exit the confines of justice are restrained. And when others witness a murderer being executed (i.e. by the government), they will take heed and refrain from the crime of murder. So, if the punishment against a murderer was other than killing him (by way of capital punishment), the evil act of murder would not have been prevented. This is the case regarding all the prescribed punishments of the Shari’ah, because they contain a means of prevention which shows the perfect Wisdom of The All-Wise, the Oft-Forgiving. And Allah specifically mentioned life in this Ayah as emphasis and exaltation. And when it is the case that none knows the reality of this ruling except the people of sound intellect and strong understanding, Allah addressed them specifically. [Tafseer as-Sadi]
Ash-Shaybaan
reported from Qatadah who said: Among the people of the pre-Islamic era
were those who transgressed and followed shaytaan. If a person had
strength and a great number of supporters, and a slave of theirs is
murdered by a slave of another people, then out of wanting to show their
superior strength, they would say, ‘We shall not kill (by way of
revenge) except a free person amongst them.’ And if a woman kills
another woman from another tribe, they said, ‘We shall not kill (by way
of revenge) except a man amongst them.’” So, Allah revealed this Ayah.
And regarding the statement: "And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment",
O men of understanding, that you may become pious], Az-Zujaaj said, “If
a man knows that he’ll be killed if he murders someone, he will refrain
from murder and thus both his life and that of others are preserved.”
[Zaadul Maseer Fi Ilmit Tafseer, by Imaam Ibnul Jawzi]
Imaam Ibnul Qayyim said: He refrains from killing out of loving and giving precedence to his own life, so there is preservation of his life and the life of the one he wants to murder. Also when a man killed another man from another family or tribe, the family or tribe of the victim killed everyone they could find from the family, tribe and city district of the murderer, and in this there was overwhelming corruption and destruction, so Allah legislated the law of equality in punishment and so that none else is killed except the one who committed murder. This preserved the lives of murderer’s relatives and the people of his city. [Miftaah Daar As-Sa’adah 431-432]
Imaam As-Sadi said: By way of it (i.e. the law of equity in punishment) life is preserved and the misguided ones who exit the confines of justice are restrained. And when others witness a murderer being executed (i.e. by the government), they will take heed and refrain from the crime of murder. So, if the punishment against a murderer was other than killing him (by way of capital punishment), the evil act of murder would not have been prevented. This is the case regarding all the prescribed punishments of the Shari’ah, because they contain a means of prevention which shows the perfect Wisdom of The All-Wise, the Oft-Forgiving. And Allah specifically mentioned life in this Ayah as emphasis and exaltation. And when it is the case that none knows the reality of this ruling except the people of sound intellect and strong understanding, Allah addressed them specifically. [Tafseer as-Sadi]
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