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Sunday 6 October 2024

Qisas (Retribution) and Diyat (Blood Money or Compensation) - understanding two pillars of Islamic Judicial System

Man has always liked violence and killing. Right from the earliest days of human life, the killing of Abel (Habil)  by Cain (Kabil) laid the foundation of killing for the sake of women which later spread over killing for usurping someone's wealth or position. We hear accounts of savagery when kings and their followers chanted and shouted as slaves were forced to fight the king's warriors and mercilessly butchered the undefended slaves for the pleasure of the kings. With now laws, such murders went on unabated for a long time, till sense better sense prevailed and murderers were brought to justice.

Islamic judicial system also lays down various punishments and modus operandi to bring justice to the families of those who have been harmed or killed, whether intentionally or otherwise. In this connection, today we share two terms that are often used to address cases of murder and physical harm. These two terms in Arabic are known as Qisas and Diyat. 

The concepts of Qisas (retribution) and Diyat (compensation or blood money) in Islam are central to the Islamic criminal justice system, particularly regarding cases of homicide, bodily harm, and injury. These concepts are derived from the Quran and the Hadith, and represent a balance between justice, mercy, and compensation. Here's an explanation of Qisas and Diyat in light of Islamic teachings:

Qisas (Retribution)
Qisas is the principle of "equal retaliation" or just retribution. In cases of murder or intentional bodily harm, the victim (or the victim’s family) has the right to seek retribution, which means the perpetrator may face a punishment that mirrors the crime committed. The idea of Qisas is rooted in justice, ensuring that the punishment fits the crime.
  • Quranic Basis for Qisas:
    • Surah Al-Baqarah (2:178): “O you who have believed, prescribed for you is legal retribution (Qisas) for those murdered—the free for the free, the slave for the slave, and 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.”
      • This verse establishes the rule of retribution (equal retaliation) but also encourages mercy and forgiveness, showing a balance between strict justice and leniency.
    • Surah Al-Ma'idah (5:45): “And We ordained for them therein 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 for wounds is legal retribution (Qisas). But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers.”
      • This verse emphasizes the proportionality of punishment in the case of bodily harm and affirms that forgiveness or compensation (charity) can replace retribution, which is seen as an act of piety.
  • Hadith on Qisas:
    • The Prophet Muhammad (peace be upon him) said, "The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is, if Fatimah (the daughter of the Prophet) did that (i.e., stole), I would cut off her hand." (Sahih Bukhari)
    • This hadith reflects the principle of justice and fairness in Qisas, indicating that no one is above the law, regardless of their status.
Diyat (Blood Money or Compensation)
Diyat refers to the financial compensation paid to the victim or the victim’s family in cases of unintentional homicide or bodily injury, or as an alternative to Qisas in intentional harm cases. The purpose of Diyat is to provide a means of reconciliation and alleviate potential hostility between families while offering a fair and just compensation for the crime.
  • Quranic Basis for Diyat:
Surah An-Nisa (4:92): “And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake—then the freeing of a believing slave and a compensation payment (Diyat) presented to the deceased’s family [is required], unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer, then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty, then a compensation payment (Diyat) presented to his family and the freeing of a believing slave…”

This verse establishes Diyat as the required compensation in cases of unintentional manslaughter, and it emphasizes the option for the family to forgive (as an act of charity) rather than take compensation or seek retribution.

Surah Al-Baqarah (2:178): As mentioned above, this verse not only outlines the principle of Qisas but also indicates that the victim’s family may choose to accept Diyat instead of demanding retribution, showing flexibility and a path for forgiveness.
  • Hadith on Diyat:
The Prophet Muhammad (peace be upon him) said, "The Diyat (blood money) for a man is one hundred camels." (Sahih Muslim)

This hadith sets the standard amount for Diyat in the case of intentional or accidental killing. Over time, the amount of Diyat has been translated into monetary values based on local standards.

The Balance Between Qisas and Diyat:
Islam provides a system that balances strict justice with mercy and reconciliation. Here’s how these two concepts are applied:
  • Qisas (Retribution):
    • In the case of intentional murder or bodily harm, the victim’s family can seek Qisas, which means the perpetrator will face a similar punishment, such as execution for murder or similar injury for physical harm. 
    • This is done to establish justice and deterrence, ensuring that the crime does not go unpunished.
  • Diyat (Compensation):
    • As an alternative to Qisas, the victim’s family can choose to forgive the perpetrator and accept Diyat (compensation). This can be a large financial sum or another agreed form of compensation. 
    • Diyat is especially applied in cases of unintentional harm, where the intention was not to kill or injure, but an accident occurred.
Forgiveness and Charity:
Islam encourages forgiveness and mercy as a higher moral virtue. In many cases, the victim’s family is encouraged to forgive the perpetrator, which can lead to expiation of sins and greater reward from Allah. This forgiveness can be done with or without Diyat, depending on the family’s decision.
  • Quranic Emphasis on Forgiveness: While Qisas and Diyat provide legal structures for dealing with crime, the Quran repeatedly emphasizes the virtue of forgiveness:
Surah Ash-Shura (42:40): "And the retribution for an evil act is an evil one like it, but whoever pardons and makes reconciliation - his reward is [due] from Allah. Indeed, He does not like wrongdoers."

This verse highlights that although retribution is allowed, forgiveness is highly encouraged, and those who forgive are promised a great reward from Allah.

Surah Al-Ma'idah (5:45): As mentioned earlier, the Quran speaks of retribution but adds that "whoever gives [up his right as] charity, it is an expiation for him," showing that pardoning is a means to cleanse one’s sins and earn divine favor.
  • Hadith on Forgiveness: The Prophet Muhammad (peace be upon him) consistently encouraged forgiveness over retaliation:
    • "He who shows no mercy to others, will not be shown mercy." (Sahih Muslim)
    • "No one forgives except that Allah increases him in honor." (Sahih Muslim)
 These hadiths underline the higher spiritual reward for those who choose forgiveness over retribution.

Foregoing in view we learn that Qisas is the principle of equal retaliation or retribution in cases of murder or bodily harm. It ensures justice is served by mirroring the harm done to the victim. Diyat is the financial compensation given to the victim's family in cases of unintentional harm or when the family chooses to forgive instead of seeking retribution.

Islam promotes both justice and mercy, with forgiveness being highly encouraged, but not forced. The victim’s family has the right to decide between Qisas, Diyat, or forgiveness, depending on their circumstances and sense of justice. The system ensures fairness while allowing room for mercy, reconciliation, and spiritual growth through forgiveness. The combination of Qisas and Diyat reflects Islam's balanced approach to justice, protecting the rights of victims while encouraging mercy and social harmony.

May Allāh (سبحانه و تعالى‎) help us understand Qur'ān and follow the Sunnah of Prophet Muhammad ﷺ, which is embodiment of commandments of Allah contained in the Qur'ān. May Allah help us to be like the ones He loves and let our lives be lived helping others and not making others' lives miserable or unlivable. May all our wrong doings, whether intentional or unintentional, be forgiven before the angel of death knocks on our door. 

وَمَا عَلَيۡنَاۤ اِلَّا الۡبَلٰغُ الۡمُبِيۡنُ‏ 
(36:17) and our duty is no more than to clearly convey the Message.”
That is Our duty is only to convey to you the message that Allah has entrusted us with. Then it is for you to accept it or reject it. We have not been made responsible for making you accept it forcibly, and if you do not accept it, we shall not be seized in consequence of your disbelief, you will yourselves be answerable for your actions on Day of Resurrection.

May Allah forgive me if my posts ever imply a piety far greater than I possess. I am most in need of guidance.

Reading the Qur'ān should be a daily obligation of a Muslim - Reading it with translation will make it meaningful. But reading its Exegesis / Tafsir will make you understand it fully. It will also help the Muslims to have grasp over social issues and their answers discussed in the Qur'an and other matter related to inter faith so that they are able to discuss issues with non-Muslims with authority based on refences from Qur'an.

Note: When we mention God in our posts, we mean One True God, we call Allah in Islam, with no associates. Allah is the Sole Creator of all things, and that Allah is all-powerful and all-knowing. Allah has no offspring, no race, no gender, no body, and is unaffected by the characteristics of human life.

Photo | references: | 1 | 2 | 3 |

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