|
Asad 147
After having pointed out that true piety does not consist
in mere adherence to outward forms and rites, the Qur'an
opens, as it were, a new chapter relating to the problem
of man's behaviour. Just as piety cannot become effective
without righteous action, individual righteousness cannot
become really effective in the social sense unless there
is agreement within the community as to the social rights
and obligations of its members: in other words, as to the
practical laws which should govern the behaviour of the
individual within the society and the society's attitude
towards the individual and his actions. This is the
innermost reason why legislation plays so great a role
within the ideology of Islam, and why the Qur'an
consistently intertwines its moral and spiritual
exhortation with ordinances relating to practical aspects
of social life. Now one of the main problems facing any
society is the safeguarding of the lives and the
individual security of its members: and so it is
understandable that laws relating to homicide and its
punishment are dealt with prominently at this place. (It
should be borne in mind that "The Cow" was the first
surah revealed in Medina, that is, at the time when the
Muslim community had just become established as an
independent social entity.) As for the term qisas
occurring at the beginning of the above passage, it must
be pointed out that - according to all the classical
commentators - it is almost synonymous with musawah,
i.e., "making a thing equal [to another thing]": in this
instance, making the punishment equal (or appropriate) to
the crime - a meaning which is best rendered as "just
retribution" and not (as has been often, and erroneously,
done) as "retaliation". Seeing that the Qur'an speaks
here of "cases of killing" (fi 'l-qatla, lit., "in the
matter of the killed") in general, and taking into
account that this expression covers all possible cases of
homicide - premeditated murder, murder under extreme
provocation, culpable homicide, accidental manslaughter,
and so forth - it is obvious that the taking of a life
for a life (implied in the term "retaliation") would not
in every case correspond to the demands of equity. (This
has been made clear, for instance, in 4:92, where legal
restitution for unintentional homicide is dealt with.)
Read in conjunction with the term "just retribution"
which introduces this passage, it is clear that the
stipulation "the free for the free, the slave for the
slave, the woman for the woman" cannot - and has not been
intended to - be taken in its literal, restrictive sense:
for this would preclude its application to many cases of
homicide, e.g., the killing of a free man by a slave, or
of a woman by a man, or vice-versa. Thus, the above
stipulation must be regarded as an example of the
elliptical mode of expression (ijaz) so frequently
employed in the Qur'an, and can have but one meaning,
namely: "if a free man has committed the crime, the free
man must be punished; if a slave has commited the
crime...", etc. - in other words, whatever the status of
the guilty person, he or she (and he or she alone) is to
be punished in a manner appropriate to the crime.
|