Context from Tafheem: After the comprehensive definition of righteousness in verse 177, the Quran now transitions to specific legal and social injunctions for the nascent Muslim community in Medina. These verses introduce the Islamic law of retaliation (Qisas) for murder and physical injury. This marked a revolutionary reform, replacing the chaotic, tribal system of unlimited vengeance with a principle of strict, proportional justice that protects societal life.
سورة البقرة (Surah Al-Baqarah)
آية 178
القرآن: يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ ۚ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
Translation: O you who have believed, prescribed for you is legal retribution for those murdered – the free for the free, the slave for the slave, and the female for the female. But if there is a remission from the victim’s brother, then grant a fair follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.
Explanation (Tafheemul Quran):
Maududi explains that this verse establishes Qisas (retaliation) not as a recommendation, but as a divinely “prescribed” obligation (kutiba ‘alaykum) upon the Muslim community to uphold justice.
· The Principle of Proportionality: The law states: “the free for the free, the slave for the slave, and the female for the female.” Maududi clarifies that this establishes the fundamental equality of human life in the sight of the law. A free man cannot be killed for a slave, nor a man for a woman. The value is equivalent. This was a radical departure from the pre-Islamic Arab custom where the death of a tribesman could lead to the massacre of an entire clan.
· The Door to Mercy and Compensation: The verse immediately introduces an alternative to execution: “But if there is a remission (‘ufiya) from the victim’s brother [or heir]…” The heirs of the victim have the right to forgive the murderer entirely, or to accept “blood money” (diyyah) instead of retaliation. The verse commands that if they choose compensation, it must be pursued “fairly” and paid “with good conduct,” without harassment or undue delay.
· Divine Alleviation and Mercy: This option of forgiveness or compensation is described as “an alleviation from your Lord and a mercy.” It tempers strict justice with compassion, allowing for reconciliation and healing within society.
· Warning Against Transgression: A severe warning is issued: “But whoever transgresses after that will have a painful punishment.” Maududi explains this refers to:
- The heir who, after accepting blood money, later seeks to kill the murderer anyway.
- The murderer who, after being pardoned, kills again or harms the heir.
- Any authority that fails to enforce the law justly after a settlement.
Such transgression invites a painful punishment, both legal and divine.
آية 179
القرآن: وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
Translation: And there is for you in legal retribution [the saving of] life, O you of understanding, that you may become righteous.
Explanation (Tafheemul Quran):
Maududi presents this verse as the profound philosophical and social wisdom behind the law of Qisas.
· The Paradox of Life in Retaliation: The verse addresses people of intellect (“O you of understanding”), presenting a seeming paradox: how can a law that mandates taking a life “save life”?
· The Deterrent Effect: Maududi explains that Qisas is the ultimate deterrent. When a potential murderer knows with certainty that if he kills, he will be killed in return (unless the heirs choose mercy), he is far less likely to commit the crime. This certainty of equal consequence protects countless innocent lives.
· Contrast with Chaos: Without this law, society descends into endless cycles of tribal vengeance, where one killing leads to many more, destroying communal life. Qisas contains the violence by making it a matter of state-administered, proportionate justice, thereby securing life for the entire society.
· The Ultimate Goal – Taqwa: The verse concludes by stating the purpose: “that you may become righteous (la’allakum tattaqun).” By establishing a system where life is sacred and justice is certain, the law cultivates a society where people fear the consequences of transgression and develop God-consciousness (Taqwa). It transforms the administration of justice into an act of collective piety.
Summary from Tafheemul Quran Perspective (Verses 178-179):
Maududi’s commentary highlights that these verses institute a cornerstone of Islamic social justice:
- From Vengeance to Justice: They replace unlimited tribal revenge with a state-enforced, proportional legal retribution.
- Equality Before the Law: They establish the equal value of all human lives, regardless of social status or gender.
- Balance of Justice and Mercy: They mandate strict justice while strongly encouraging and facilitating forgiveness and compensation, which is praised as divine mercy.
- A Life-Saving Deterrent: The wisdom of Qisas is that its strict application deters murder, thereby preserving the sanctity and security of life for all members of society.
- A Path to Taqwa: A just social order is not separate from spirituality; it is a means for the community to achieve righteousness and God-consciousness. This law is presented as rational and life-giving for those who possess intellect.
Messages from Quran 