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:
- 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.
- 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.
- 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.
- 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.