The Holy Qor-aan 002:179
يٰٓاَيُّهَا الَّذِيۡنَ اٰمَنُوۡا كُتِبَ عَلَيۡكُمُ الۡقِصَاصُ فِى الۡقَتۡلٰى ؕ الۡحُرُّ بِالۡحُـرِّ وَالۡعَبۡدُ بِالۡعَبۡدِ وَالۡاُنۡثَىٰ بِالۡاُنۡثٰىؕ فَمَنۡ عُفِىَ لَهٗ مِنۡ اَخِيۡهِ شَىۡءٌ فَاتِّبَاعٌۢ بِالۡمَعۡرُوۡفِ وَاَدَآءٌ اِلَيۡهِ بِاِحۡسَانٍؕ ذٰلِكَ تَخۡفِيۡفٌ مِّنۡ رَّبِّكُمۡ وَرَحۡمَةٌ ؕ فَمَنِ اعۡتَدٰى بَعۡدَ ذٰلِكَ فَلَهٗ عَذَابٌ اَلِيۡمٌۚ
Yaa-auy-yo-hul-la-zee-na-aa-ma-noo Ko-tay-ba-alai-ko-mool-qay-saa-so-fil-qut-laa
Ul-hoor-ro-bil-hoor-ray-wul-ub-do-bil-ub-day-wul-oon-thaa-bil-oon-thaa
Fa-mun-o-fay-ya-la-hoo-min-aa-khee-hay-shai-oon
Fut-tay-baa-oon-bil-mau-roo-fay
Wa-adaa-on-elai-hay-bay-aih-saan
Zaa-lay-ka-tukh-fee-foon-min-rub-bay-koom-wa-ruh-muh
Fa-ma-nae-ta-daa-bau-day-zaa-lay-ka Fa-la-hoo-azaa-boon-aa-lee-m.
Listen, you all who believed! Permitted to you is the compensation relative to the killing
A free man for a fee man, a slave for a slave and a female for a female.
Thus, anyone who is forgiven from his brother anything
Then the follow-up must be as appropriate
And payment to him due with generosity.
This expiation is a reduction from your God and a mercy
So, whoever crossed the line after that Then for him is a painful punishment.
The Holy Qor-aan has used the Phrase Yaa-auy-yo-hul-la-zee-na-aa-ma-noo many times
- يٰۤ — Yaa — Listen (= Be attentive; hearken; pay attention; O!)
- اَيُّهَا — Auy-yo-ha(ul) — You all (= All addressees; entire audience; whole lot of listeners)
- ٱلَّذِينَ — Ul-la-zee-na — Those who (= pl., m, 3rd person. Those articles, things or persons
- اٰمَنُوۡۤ — Aa-ma-noo — They Believed (= v., past., pl., 3rd person. Believed in the Holy Qor-aan; became Moslems. Accepted, acknowledged, admitted or witnessed their entry in Iss-laam. See Commentaries like Islam – 101, Phrase Aa-ma-noo-wa-aa-may-loos … and Believe and Disbelieve that floodlight other aspects how the Holy Qor-aan has used this word)
- كُتِبَ — Ko-tay-ba — Permitted (= v., passive. 1. Authentic penned down material in black and white that is decreed to be a part of a religion. 2. The part of the divine Commands and Prohibitions, directions, rules and regulations revealed, sanctioned, codified, written and added to a Spiritual Code. 3. Allowed, approved, authorized, bid, bounded to follow, commanded, conveyed, decreed, directed, enjoined, eternalized, laid down, legalized, made binding, made obligatory; mandated, ordered, ordained, permitted, prescribed or recorded as the Do’s and Don’ts that hold good eternally and made operative universally as the Rules of Universal Application for the entire Mankind)
- عَلَيۡ — Alai — To (= Above; against; before; for; on; on top of; over; upon)
- كُمُ — Ko-mo…(ol) — You (= pro., pl., m., 2nd person. You. The Holy Qor-aan states this way when addressing both men and women jointly)
- الۡقِصَاصُ — Qay-saa-so — Compensation (= n., The blood-money or consideration that a wrong-doer must pay to the victim in compensation, equitable retaliation, equality, fairness, recompense, redemption, reparation, reprisal, retribution, revenge, settlement, or vengeance by way of justice. See Commentary Law – Compensation – Qay-saas)
- فِىۡ — Fe…(il) — Relative to (= Concerning; in; in reference to; in the matter of; regarding)
- الۡقَتۡلٰى — Qut-laa — Killing (= Bloodshed; homicide; murder; person slain, slaying. Some translations have limited the provision of Qay-saas to only intentional murders arguing that the accidental deaths do not entail capital punishment and other crimes not causing a death are excluded)
- الۡحُرُّ — Ul-hoor-ro — Free man (= If the victim was a free person, and not a slave)
- بِ — B…(il) — With / for (= The Arabic word بِ literally means ‘with.’ The real intent in the original text is also conveyed in the present scenario with the word ‘for’)
- الۡحُـرِّ — Hoor-ray — Free man (= The offender who is a freeman, and not a slave)
- وَ — Wa…(ul) — And (= Conj., links words, phrases or clauses; additionally; but; also; more over; though; when; while; yet; whereupon)
- الۡعَبۡدُ — Ul-ub-do — Slave (= If the victim was a slave, not a free person)
- بِ — B…(il) — For / With (= The word بِ literally means ‘with’ . See بِ above)
- الۡعَبۡدِ — Ul-ub-day — Slave (= The offender who is a slave, not a free person)
- وَ — Wa…(ul) — And (= Conj., links words, phrases or clauses. See وَ above)
- الۡاُنۡثَىٰ — Oon-thaa — Female (= If the victim was a woman)
- بِ — B…(il) — For / With (= The word بِ literally means ‘with’ . See بِ above)
- الۡاُنۡثَىٰ — Oon-thaa — Female (= The offender who is a woman)
- فَ — Fa — Thus (= Consequently; as a result; so; then; therefore; yet)
- مَنۡ — Mun — Anyone (= Who.; whoever; whoso. A/t/a Killer or murderer)
- عُفِىَ — O-fay-ya — Forgiven (= Excused; granted concession or remission; pardoned; remitted)
- لَ — La — For (= For what purpose; for what reason; what has befallen on her; what ails her; what is the matter with it)
- هٗ — Hoo — Him (= pro., s., m., 3rd person. Ref is to the slayer who wronged
- مِنۡ — Min — From (= Among, from or out of the class, category, count, kind of several articles, things, persons or phenomenon)
- اَخِيۡ — Aa-khee — Brother (= Affected, aggrieved or injured brother, heir or sibling. Included in this category are a victim’s next of kin, relative, representative, even administrator or executor of estate)
- هِ — Hay — His (= pro., s., m., 3rd person. Ref is to the slain, the victim)
- شَىۡءٌ۬ — Shai-oon — Anything (= Smallest part of any article, item, object, material, matter, thing, phenomenon or stuff; to the least extent.
- فَ — Fa…(ut) — So (= Consequently; as a result; then; therefore; yet)
- اتِّبَاعٌۢ — Tay-baa-oon –Follow-up (= Entailing; payback; the next sequential step such as the prosecution after a crime has been committed. A/t/a, blood-money; ‘Pursuing the matter for the realization of the blood-money” )
- بِ — B…(il) — As (= The Arabic word بِ literally in English means ‘with’. When used with the word الۡمَعۡرُوۡفِ it has been translated variously like ‘according to, as a, as a gesture of, in, on or within)
- الۡمَعۡرُوۡفِ — Mau-roo-f — Appropriate (=Appropriate act, behavior, conduct, payback, etc. See the Note 002:179 below)
- وَ — Wa — And — (= Conj., links words, phrases or clauses. See وَ above)
- اَدَآءٌ — Adaa-oon — Payment (= Compensation; disbursement; discharged; expense; fee; fine; sum; recompense)
- اِلَيۡ — Elai — To (= In the direction of; towards)
- هِ — Hay — His (= pro., s., m., 3rd person. Refers to the victim’s brother)
- بِ — Bay — With (= The Arabic word بِ literally means ‘with’ in English
- اِحۡسَانٍ — Aih-saa-n — Kindness (= Beneficence. Handsomely. In a generous, good and handsome manner. With generosity, goodness and gratitude. The word in a different context also means ‘A better pay-off than the out-lay’)
- ذٰلِكَ — Zaa-lay-ka –That (= Here; refers to an aforesaid fact, person or statement; it was because; right here; such is this; that is how it is)
- تَخۡفِيۡفٌ — Tukh-fee-foon — Reduction (= Alleviation; downward concession; matter of leniency. Merciful dispensation)
- مِنۡ — Min — From (= Among, from or out of the class, category, count, kind or several articles, things, persons or phenomenon)
- رَّبِّ — Rub-bay — God (= The Almighty Allah who fills needs of all creatures Cherisher; Creator; Guardian; Master; Lord Provident. The Only One Who provides all that sustains life. The Ultimate Provider of air, water, food and whatever we and all other creatures need to live and subsist)
- کُمۡ — Koom — You (= pro., pl., m., 2nd person. You. The Holy Qor-aan states this way when addressing both men and women jointly)
- وَ — Wa — And (= Conj., links words, phrases or clauses. See وَ above)
- رَحۡمَةٌ — Ruh-muh — Mercy (= Beneficence; clemency; compassion; condoning; forgiveness; gratitude; intercession; intervention; kindness; leniency. Omitting, relenting or waiving punishment)
- فَ — Fa — So (= Consequently; as a result; then; therefore; yet)’
- مَنِ — Ma-n…(ae) — Whoever (= Anyone, who.; whoever; whoso)
- اعۡتَدٰى –Ae-ta-daa — Crossed the line (= v., past., pl., 3rd person. Abused or misused concession; committed excess; crossed red line; disobeyed; exceeded the limit; gone beyond fairness, justice and truthfulness; overstepped; transgressed. A/t/a, became repeat offender, habitually killed, and ‘kills the killer after taking the blood-money’)
- بَعۡدَ — Bau-da — After that(= After; behind; later; thereafter)
- ذٰلِكَ — Zaa-lay-ka– That (= This word could have referred to this Commandment or the aforesaid fact, person or statement)
- فَ — Fa — Then (= Consequently; as a result; then; therefore; yet)’
- لَ — La — For (= Conveys that he should be administered and awarded)
- هٗ — Hoo — Him (= pro., s., m., 3rd person. Refers to aforesaid persons)
- عَذَابٌ — Azaa-boon — Punishment (= Appropriate, due and fair agony, chastisement, doom, hard task, penalty, recompense; torment, torture or scourge)
- اَ لِيۡمٌ — Aa-lee-m — Painful (= Grave; grievous; painful; severe; stern)
** Note 002:179. The word مَعۡرُوۡف (Mau-roo-f) as an adjective means appropriately, beautifully, decently, equitably, fairly, gracefully, gratefully, gratuitously, honorably, lawfully, nicely, properly, reasonably, righteously, rightfully or suitably.
The word مَعۡرُوۡف (Mau-roo-f) as a noun can also mean what is appropriate, approved, becoming, befitting, customary, decent, equitable, fair, grace, graceful, honorable, just, kind, legal, proper, reasonable, suitable or within rights.
With the letters الۡ before it the word الۡمَعۡرُوۡفِ (Mau-roo-fay) has also been narrowed down in its meanings by some translators as “Islamic Monotheism and all that Islam orders one to do,” “Islamic Monotheism and all that Islam orders has ordained, ” and “Islamic Monotheism, and following Prophet Muhammad s.a.w.”
The word الۡمَعۡرُوۡفِ (Ul-mau-roo-fay) means any action, basis, behavior, fashion, conduct, form, gesture, manner, method, term, pay-back, way or word which is appropriate, customary, decent, doing the right thing, equitable, fair, good, graceful, gratuitous, honorable, in fairness, kind, lawful, nice, proper, reasonable, righteous, suitable, virtuous and within the limits of law and legitimacy.
The word الۡمَعۡرُوۡفِ (Mau-roo-fay) under the effect of the preceding hur-fay-jar بِ has also been translated as follows: According to the custom or usage. As a gesture of kindness. In an approved, becoming, befitting, customary, decent, equitable, fair, generous, good, just, kind, legal, proper, reasonable or suitable basis, fashion, form, manner, method, term or way. In or with decency, grace, gratefulness, honor and kindness. With propriety.
The Holy Qor-aan has used these words very frequently among others in verses 002:179, 002:181, 002:229, 002:230, 002:232, 002:233, 002:234, 002:235, 002:236, 002:237, 002:241, 002:242, 002:264, 003:105, 003:115, 004:006, 004:006, 004:007)
Law of Compensation, The Qay-saas
LAW
Compensation (Compensatory payment = Qay-saas =قِصَاص )
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 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 [yet to be completed] that 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.