LAW
Compensation (Compensatory payment = Qay-saas)
The Sha-riah that most Moslems like to follow is well-known for a very sound legal theory. It is the Law of Compensatory Payment (called Qay-saas) for many murders or homicides. The Jurists have narrowed the scope to only those deaths which occur with no intent to kill. Present day life should cover most vehicular homicides, train wrecks and other accidents. Courts might extend this law to cover deaths as collateral damage like invaders’ acts of war. Rumors are that Pakistan was compensated for civilian deaths caused by the Drones of USA. The Drones firing missiles to take out terrorists had obviously not intended to kill kids.
Qay-saas often called blood-money is the compensation or consideration a wrong-doer pays to the victim. The idea is to restore some semblance of equality, equilibrium, equitable retaliation, justice, pay back, reckoning, redemption, reprisal, retribution, revenge, settlement, or vengeance for the loss caused by ta victim’s death. The psychological and financial benefits of the wrong-doer compensating a victim’s heirs are enormous.
The verse 004:093 requires compensation plus freeing a captive when accidental death occurs. The verses 002:179 and 002:180 require paying the compensation when a loss of life has occurred. They regulate why, when or where the system of compensatory payment is the good thing to pursue. The Commandment clearly lays the law, procedure, propriety and gives reason for the concession. The verse 002:195 also uses this word قِصَاص (Qay-saa-s). Stated above are the exact meanings. The text uses the word الۡقَتۡلٰى (Qut-laa) which applies to intentional or accidental deaths equally. However, three important conditions have also been super-imposed to avoid any potential harm. The first condition is that a freeman for a freeman, a slave for a slave and a woman for a woman. It establishes the principle that the loss of victim’s life is to be avenged with that of the murderer. The second condition mandates calculating compensation fairly and paying the same promptly. The third condition forbids extending this concession to any transgressor and habitual offender. It is the family of the victim who forgives primarily is the beneficiary of this Command.
An academic debate still continues whether the Command gives the choice of retaliation by bloodshed. Jurists have limited the pardoning and paying compensation to only unintended accidental losses of life. The interpretations, extrapolations, restrictions and extensions of this are plentiful as translators have labeled it as the LAW of “Equality” [A Yusuf Ali], “Retaliation” [M Pickthall], “Retribution” [Ahmad Zidan] and “Equality in punishment” Dr Al-Hilali & Dr Khan] and of Fairness, Retaliation, Retribution for the wrong done to a victim.
The translations of the word اتِّبَاعٌۢ (It-tay-baa-oon = Follow-up) done by M M Pickthall is “prosecution.” The explanation of the principle by NJ Dawood is that “He who is pardoned by his aggrieved brother shall be prosecuted according to the usage and shall pay him a liberal fine.” The translators who follow that line of thinking have set up the following as the necessary steps to implement this Command.
- First step is the forgiveness by the aggrieved brother. Good start is Prayer for Forgiveness.
- Second step still is the prosecution of the defendant.
- Third step is the payment of the compensation by the defendant.
- Final step is the forfeiture of life of a defendant who fails to pay the compensation. Each translation has support its stand-point with several of the Ahaadeeth (= Quotes of the Holy Prophet s.a.w) from various collections of them.
Indeed the two-pronged obvious goal is to prevent the killer from getting away with the murder. A pardon or forgiveness must accompany compensating the victim’s family at least financially. But putting public time and money to prosecute a murderer in a trial mostly defeats that purpose. In case of a conviction the authorities can’t permit forgiveness and waive criminal penalty imposed. In case of an acquittal the offender could not be bothered to pay compensation even if he promised. It is a serious matter and not a legal football for jurists to kick it round since The Qor-aan is No Joke.
The Shiites in Iran have evolved the system of compensatory payment to a new level. A convict there can hire for cash compensation a substitute to take the lashes on his behalf after a judge has ordered punishment of lashing. This modern innovation contradicts the precedent where the 3rd Caliph Omar-bin-Khuttab r.a personally executed the judgment of striking lashes on his son after his conviction for a moral wrong.
Law of Compensation
LAW
Compensation (Compensatory payment = Qay-saas)
The Sha-riah that most Moslems like to follow is well-known for a very sound legal theory. It is the Law of Compensatory Payment (called Qay-saas) for many murders or homicides. The Jurists have narrowed the scope to only those deaths which occur with no intent to kill. Present day life should cover most vehicular homicides, train wrecks and other accidents. Courts might extend this law to cover deaths as collateral damage like invaders’ acts of war. Rumors are that Pakistan was compensated for civilian deaths caused by the Drones of USA. The Drones firing missiles to take out terrorists had obviously not intended to kill kids.
Qay-saas often called blood-money is the compensation or consideration a wrong-doer pays to the victim. The idea is to restore some semblance of equality, equilibrium, equitable retaliation, justice, pay back, reckoning, redemption, reprisal, retribution, revenge, settlement, or vengeance for the loss caused by ta victim’s death. The psychological and financial benefits of the wrong-doer compensating a victim’s heirs are enormous.
The verse 004:093 requires compensation plus freeing a captive when accidental death occurs. The verses 002:179 and 002:180 require paying the compensation when a loss of life has occurred. They regulate why, when or where the system of compensatory payment is the good thing to pursue. The Commandment clearly lays the law, procedure, propriety and gives reason for the concession. The verse 002:195 also uses this word قِصَاص (Qay-saa-s). Stated above are the exact meanings. The text uses the word الۡقَتۡلٰى (Qut-laa) which applies to intentional or accidental deaths equally. However, three important conditions have also been super-imposed to avoid any potential harm. The first condition is that a freeman for a freeman, a slave for a slave and a woman for a woman. It establishes the principle that the loss of victim’s life is to be avenged with that of the murderer. The second condition mandates calculating compensation fairly and paying the same promptly. The third condition forbids extending this concession to any transgressor and habitual offender. It is the family of the victim who forgives primarily is the beneficiary of this Command.
An academic debate still continues whether the Command gives the choice of retaliation by bloodshed. Jurists have limited the pardoning and paying compensation to only unintended accidental losses of life. The interpretations, extrapolations, restrictions and extensions of this are plentiful as translators have labeled it as the LAW of “Equality” [A Yusuf Ali], “Retaliation” [M Pickthall], “Retribution” [Ahmad Zidan] and “Equality in punishment” Dr Al-Hilali & Dr Khan] and of Fairness, Retaliation, Retribution for the wrong done to a victim.
The translations of the word اتِّبَاعٌۢ (It-tay-baa-oon = Follow-up) done by M M Pickthall is “prosecution.” The explanation of the principle by NJ Dawood is that “He who is pardoned by his aggrieved brother shall be prosecuted according to the usage and shall pay him a liberal fine.” The translators who follow that line of thinking have set up the following as the necessary steps to implement this Command.
Indeed the two-pronged obvious goal is to prevent the killer from getting away with the murder. A pardon or forgiveness must accompany compensating the victim’s family at least financially. But putting public time and money to prosecute a murderer in a trial mostly defeats that purpose. In case of a conviction the authorities can’t permit forgiveness and waive criminal penalty imposed. In case of an acquittal the offender could not be bothered to pay compensation even if he promised. It is a serious matter and not a legal football for jurists to kick it round since The Qor-aan is No Joke.
The Shiites in Iran have evolved the system of compensatory payment to a new level. A convict there can hire for cash compensation a substitute to take the lashes on his behalf after a judge has ordered punishment of lashing. This modern innovation contradicts the precedent where the 3rd Caliph Omar-bin-Khuttab r.a personally executed the judgment of striking lashes on his son after his conviction for a moral wrong.
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