Balancing crime and punishment to uphold justice

[Zainab_M]

 


"O you 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 transgresses after this will have a painful doom"  (2:178  -  Al-Baqrah)
 
In regard to V. 2:178, many readers think whether the words are meant to be taken literally.  But as per the reflections of many others  the Quranic expression "the freeman for the freeman, and the slave for the slave, and the female for the female .."  is not meant to be taken literally, rather it refers to maintaining a balance between the crime & punishment, thus highlighting the importance of retaliation being strictly in accordance with the extent of the violation in order to uphold the principle of justice.   Verse 16:126 further confirms this ideology.
 
"If you punish, then punish with the like of that wherewith you were afflicted. But if you endure patiently, verily it is better for the patient."  (16:126   -  An Nahl)
 
Possibly, the articulation used in Verse 2:178 is an eloquent phrase or style of old Arabic / Armaic, and its direct translation into English is making it a little difficult for some people to understand it as Arabic and English have very different linguistic rules.
 
Furthermore, the expression "eye for an eye" is found in the Hebrew Bible.  It's been said that the ancient Jews widely misinterpreted this expression into a literal punishment that if a person injures the eye of another person irreversably, he or she must give their eye in compensation. 

But many present-time interpreters are of the opinion as stated in one of the online Wikipedia that I quote  "the root of this principle and one of the purposes of the law is to provide equitable retribution for an offended party.  In modern times, the phrase still loosely applies, but is not executed in exactly the same manner. Should a person commit a tort that results in personal injury of the plaintiff, they do not have to give up their own eye, but rather, merely pay for the repairing of the injury (e.g. an eye transplant).  This is called  compensatory damages."

This law with reference to the Torah is mentioned in the Glorious Quran.  It very likely that the concept is the same as in Verse 2:178 and the explanation in Wikipedia.

"Lo! We did reveal the Torah, wherein is guidance and a light, by which the prophets who surrendered (unto Allah) judged the Jews, and the rabbis and the priests (judged) .."  5:44

"And We prescribed for them therein: The life for the life, and the eye for the eye, and the nose for the nose, and the ear for the ear, and the tooth for the tooth, and for wounds retaliation. But whoso forgoeth it (in the way of charity) it shall be expiation for him. Whoso judgeth not by that which Allah hath revealed: such are wrong-doers."  5:45

And .... only Allah knows best.

[Ruhi_Rose]

Thanks sis.  I too agree.  The terms "eye for an eye," "tooth for a tooth,"  "slave for a slave," "female for female" etc. are metaphorical, symbolising that the nature of punishment must be applied & legalised strictly in accordance with the nature of every crime.  It's really a very important issue which most societies (especially the West) hasn't understood as yet.  There's such a lot of ethnic and religious bias, and also social status involved while implementing punishments on criminals.  Thus, some horrible criminals get away with just a few years or few months of languishing in prison, and some people with minor violations are tortured, thrown behind the bars and forgotten.

May Allah (The Most High) guide us and protect us from the intentions of people treading the path of sin.

[Zainab_M]

Yes, very correct sister.