Sura-2 [Al-Baqara medina 87]

The Quranic Text & Ali’s version

يَا أَيُّهَا الَّذِينَ آمَنُواْ كُتِبَ عَلَيْكُمُ ...

2:178. O ye who believe!

the law of equality is prescribed to you

C182. Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-Islamic custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness.

To translate qisas, therefore, by retaliation, is I think incorrect. The Latin legal term Lex Talionsis may come near it, but even that is modified here. In any case it is best to avoid technical terms for things that are very different.

"Retaliation" in English has a wider meaning, equivalent almost to returning evil for evil, and would more fitly apply to the blood-feuds of the Days of Ignorance.

Islam says:

if you must take a life for a life, at least there should be some measure of equality in it; the killing of the salve of a tribe should not involve a blood feud where many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable compensation, would be better.

Our law of equality only takes account of three conditions in civil society,

- free for free,

- slave for slave,

- woman for woman.

Among free men or women, all are equal: you cannot ask that because a wealthy, or high-born, or influential man is killed, his life is equal to two or three lives among the poor or the lowly. Nor, in cases of murder, can you go into the value or abilities of a slave.

A woman is mentioned separately because her position as a mother or an economic worker is different. She does not form a third class, but a division in the other two classes.

One life having been lost, do not waste many lives in retaliation: at most, let the Law take one life under strictly prescribed conditions, and shut the door to private vengeance or tribal retaliation. But if the aggrieved party consents (and this condition of consent is laid down to prevent worse evils), forgiveness and brotherly love is better, and the door of Mercy is kept open. In Western law, no felony can be compounded.

... الْقِصَاصُ فِي الْقَتْلَى...

in cases of murder;

C183. The jurists have carefully laid down that the law of qisas refers to murder only.

Qisas is not applicable to manslaughter, due to a mistake or an accident. There, there would be no capital punishment.

... الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى ...

the free for the free, the slave for the slave, the woman for the woman.

... فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ ...

But if any remission is made by the brother of the slain,

C184. The brother: the term is perfectly general; all men are brothers in Islam. In this, and in all questions of inheritance, females have similar rights to males, and therefore the masculine gender imports both sexes.

Here we are considering the rights of the heirs in the light of the larger brotherhood.

- In 2:178-79 we have the rights of the heirs to life (as it were):

- in 2:180-82 we proceed to the heirs to property.

... شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاء إِلَيْهِ بِإِحْسَانٍ...

then grant any reasonable demand, and compensate him with handsome gratitude;

C185. The demand should be such as can be met by the party concerned, i.e., within his means, and reasonable according to justice and good conscience.

For example, a demand could not be made affecting the honour of a woman or a man. The whole penalty can be remitted if the aggrieved party agrees, out of brotherly love. In meeting that demand the culprit or his friends should equally be generous and recognise the good-will of the other side. There should be no subterfuges, no bribes, no unseemly bye-play: otherwise the whole intention of mercy and peace is lost.

... ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ...

this is a concession and a Mercy from your Lord.

... فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ ﴿١٧٨﴾

After this whoever exceeds the limits shall be in grave penalty.

Yusuf Ali O ye who believe! the law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.

Pickthall O ye who believe! Retaliation is prescribed for you in the matter of the murdered; the freeman for the freeman, and the slave for the slave, and the female for the female. And for him who is forgiven somewhat by his (injured) brother, prosecution according to usage and payment unto him in kindness. This is an alleviation and a mercy from your Lord. He who transgresseth after this will have a painful doom.

Transliteration Wa lakum fil qisa_si haya_tuy ya_ ulil alba_bi la'allakum tattaqu_n(a).