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Law of Retaliation 1 - Al-Shia The Scientific and Cultural Website of Shia belief Law of Retaliation 1 2021-06-21 511 Views Islam and Justice , Retaliation , Law of Retaliation Studying Islamic clemency and mercy in the Quranic verses and narrations by the Infallible Imams (as) and practice of religious leaders, we approve that the sacred religion of Islam which is concordant with human nature is the religion of clemency and mercy and not violence.

It is necessary to discuss about the issues that served as pretexts by Islam adversaries and so-called indications of violence in Islam. Contents Is the Law of Retaliation an Indication of Religious Violence? Are Islamic punishments compatible with religious clemency and benevolence? First: Studying the Philosophy of Penal Laws and Punishments Is the Law of Retaliation an Indication of Religious Violence? Why Islam enacted the law of retaliation? Isn’t retaliation a sort of violence?

Isn’t killing a human, even a sinful person, considered as violence? In reply to these questions, it is necessary to consider some points for solving and removal of any suspicious questions.

First point – After expressing law of retaliation, Qur’an says: فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ “If any remission is made to anyone by his (aggrieved) brother, then prosecution (for the blood wit) should be made according to usage, and payment should be made to him in a good manner; this is an alleviation from your Lord and a mercy.” (1) That is to say, retaliation is neither obligatory nor recommended.

However, for preventing crimes by felons and repetition of similar cases, the slain families are authorised to apply for it, while it is neither obligatory nor recommended (pay attention).

Second point: وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ “And there is life for you in (the law of) retaliation, O men of understanding, that you may guard yourselves.” (2) In verse 179, the same surah, life and survival have been mentioned as the philosophy of retaliation (in retaliation, there is life for you, men possessed of minds), not enmity, revenge and hatred.

If the mischievous murderer who disregards people’s soul, wealth and honour is granted a respite and is made liable to Islamic mercy, he may misuse the mercy and clemency rendered to him and commits more crimes. Isn’t this treachery to society?

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