The Book of Qiṣāṣ (Legal Retaliation)
Ibn Fāris states: “The root qāf–ṣād forms a sound origin that conveys the meaning of following something closely. One says, ‘iqtaṣaṣtu al-athar’ when he tracks a footprint. From this same root the word qiṣāṣ is derived in the context of wounds, because the offender is dealt with in the very manner he dealt with the first victim.” In juristic usage it denotes: pursuing a shed blood through equal retribution (qawad).
The legal basis for qiṣāṣ is fourfold: the Qur’an, the Sunnah, scholarly consensus, and analogical reasoning.
- The Qur’an: “a life for a life” (5:45) and “Retribution (qiṣāṣ) has been prescribed for you in matters of killing” (2:178).
- The Sunnah: many texts, among them the Prophet’s words ﷺ, “The blood of a Muslim is not lawful except in three cases … and a life for a life.”
- The scholars are unanimously agreed upon it in principle.
- By analogy as well, for it establishes parity between the aggressor and the aggrieved.
Legislative wisdom
Its wisdom is manifest in the sublime verse: “And in qiṣāṣ there is life for you” (2:179). Al-Shawkānī comments: “That is, in this ruling which Allah has legislated for you lies life.”
When a person knows he will be executed in retaliation if he murders another, he refrains and is deterred from rushing into that crime. The result is, in effect, a preservation of human life.
This is a high form of eloquence: designating what is outwardly death—qiṣāṣ—as “life” in view of the outcome it achieves, namely people’s restraint from killing one another, thereby safeguarding themselves and prolonging their lives.
For this reason we witness widespread homicides and crimes among the nations that claim to be modern, yet govern by man-made statutes. They do not requite the criminal as he deserves; instead, in the name of progress and compassion, they sentence him to imprisonment.
They show no mercy to the slain victim whose family and children have lost him, nor to humanity at large, which no longer feels secure about its blood at the hands of these foolish individuals—people who take no pleasure in life except in the depths of prison cells.
Those who have abandoned heavenly laws in favor of earthly ones have failed to consider the consequences, for they are not among “those endowed with understanding” who reflect and reason.