Allah said:
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ۚ وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَWe ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives up his right as charity, it is an expiation for him. Whoever does not judge by what Allah has revealed, then it is those who are the wrongdoers.Surah Al-Ma’idah 5:45
A person who is wronged by another reserves the right to demand equal legal punishment within due process of law, although Allah has encouraged the believers to show forgiveness.
Allah
has said those who fail to implement the law of equality in punishment
are oppressors. They are oppressors because they fail to treat everyone
equal under law, punishing some people more or less than they deserve.
Ibn Kathir comments on this verse, saying:
لأنهم لم ينصفوا المظلوم من الظالم في الأمر الذي أمر الله بالعدل والتسوية بين الجميع فيهThey are called oppressors because they did not fulfill the rights of the oppressed over the oppressor in the matter in which Allah commanded them to be just and equal between everyone involved.Source: Tafseer Ibn Kathir 5:45
The
phrase “eye for an eye” does not necessarily mean the punishment should
be literally the same as the crime. Under the doctrine of discretionary
punishment (ta’zeer),
the Islamic authorities may implement legal punishments such as fines,
community service, or imprisonment which are judged to fit the given
crime.
This
is the phrase “eye for an eye” as it relates to doctrines of law and
legal punishment, but this statement should not be mistakenly applied to
the character and manners of a Muslim. Rather, Muslims have been
commanded to forgive people for the abuse they endure from their bad
behavior.
Allah said:
خُذِ الْعَفْوَ وَأْمُرْ بِالْعُرْفِ وَأَعْرِضْ عَنِ الْجَاهِلِينَShow forgiveness, enjoin what is good, and turn away from the ignorant.Surah Al-A’raf 7:199
Allah’s
statement “turn away from the ignorant” means we should not punish
people for their bad character. Rather, we should be merciful, patient,
and forgiving.
Abdullah ibn Zubair, may Allah be pleased with him, said:
أُمِرَ نَبِيُّ اللَّهِ صلى الله عليه وسلم أَنْ يَأْخُذَ الْعَفْوَ مِنْ أَخْلاَقِ النَّاسِThis means the Prophet of Allah was commanded to forgive people’s bad character.The phrase “eye for an eye” should be not used to justify wronging others in the same manner they have wronged us. We should not respond to an evil deed by committing another evil deed, but rather we should respond to people’s bad character by behaving with good character.
Allah said:
وَلَا تَسْتَوِي الْحَسَنَةُ وَلَا السَّيِّئَةُ ۚ ادْفَعْ بِالَّتِي هِيَ أَحْسَنُ فَإِذَا الَّذِي بَيْنَكَ وَبَيْنَهُ عَدَاوَةٌ كَأَنَّهُ وَلِيٌّ حَمِيمٌNot equal are the good deed and the bad. Repel evil by that which is better, and thereupon the one whom between you and him is hostility will become as though he was a devoted friend.Surah Fussilat 41:34
For
this reason, Allah and His Messenger have encouraged the believers to
forfeit their right to implement legal punishment on their oppressors
and instead to forgive them.
Anas ibn Malik reported:
مَا رَأَيْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ رُفِعَ إِلَيْهِ شَيْءٌ فِيهِ قِصَاصٌ إِلَّا أَمَرَ فِيهِ بِالْعَفْوِI never saw a case involving legal retaliation being referred to the Messenger of Allah except that he would command pardoning the criminal.In fact, the Prophet strongly discouraged people from demanding punishment for the criminal.
Anas
ibn Malik reported: A man came to the Messenger of Allah, peace and
blessings be upon him, with the killer of his relative. The Prophet
said:
اعْفُ عَنْهُPardon him.
But the man refused. The Prophet said:
خُذْ الدِّيَةَTake the blood money.
But the man refused. The Prophet said:
اذْهَبْ فَاقْتُلْهُ فَإِنَّكَ مِثْلُهُGo and kill him, for you are like him.So the man pardoned the criminal.
Nevertheless,
the right to implement legal punishment remains as a means for society
to deter criminals from violating the rights of others.
