The Heifer (Al-Baqarah)

Commentary

(a) Islam has laid down the principle of retaliation in like measure (qisas). For example, ‘an eye for an eye and a tooth for a tooth’. Retribution for a killer means the forfeiture of his own life. In this way, on the one hand, a capital crime like the taking of life is effectively discouraged, for the fear of losing one’s own life deters one from taking another’s life and, as a result, the life of all the members of a society become protected. The killing of the killer guarantees the saving of lives in a society. Thus the objective of qisas is the protection of the members of society, and not revenge. Moreover, the vengeful feelings of the family of the murdered person are cooled, thus obviating the possibility of any further injurious activity. However, qisas in Islam permits a settlement to be arrived at between the killer and the killed. The heirs of the deceased person may, of course, opt for the execution of the killer, but they may also, if they so wish, accept blood-money instead, or even forgive him. The main aim of these alternatives is to guarantee the prevalence of brotherly feeling in Islamic society, and to prevent an atmosphere of rivalry taking root. Then the principle of blood-money has the special advantage of giving the bereaved family monetary compensation for the death of one of its members. (a) After someone’s death the problem arises as to how to deal with his or her wealth. The Islamic injunction in this regard is to distribute it in a just and equitable manner to the heirs. One who fears God should follow this injunction regarding the disposal of intestate property in the spirit of justice. This will create a brotherly atmosphere in society, preventing litigation and quarrels over property. Where there is a member of a family, like an orphaned grandson, or any other needy member of the family who does not inherit under the Islamic inheritance scheme, the testator may provide for him, as he has been given the power to dispose of up to one third of his property by making a will in his favour. Islam approves of every lawful device for keeping society free from litigation and quarrels. But unless this is the objective, the changing of the provisions of a will is unlawful.