In the first part, we have discussed the hudud crime and several example of it together with the punishments of the criminals as prescribed in Islam. Among the hudud punishments mentioned was that for murtad (apostacy).
After the demise of the prophet Muhammad Sallahllahu ‘alaihi wasallam, Abu Bakar Radhiallahu ‘anhu during his reign as Khalifah had battled the apostates of that time. The rest of the Sahabah (Champanions) did not object, in combating the apostates until the situation became calm and peace was achieved. The Islamic jurists agreed that the death punishment in the case of apostacy is considered logical and befitting the crime.
The death sentence should not be so freely imposed on apostates. Murtad cases should be judged thoroughly by the Islamic authority so that the apostate may helped to return to Islam through repentance. Allowing someone to go astray and remain misguided in darkness and devastation is a very wrong. Therefore, the Islamic authority should return the apostates to truth and guidance which they had encountered earlier.
If the authority fails to return him to the truth of Islam, this will mean that the apostate is actualy the carrier of a disease which will not only harm himself but also the nation and the state. In order to safeguard the transquility of the society, the death sentence is a just and fair punishment to be imposed on an apostate who is unwilling to come back to the true path. This is to prevent the disease from infecting others.
QISAS
Literally, qisas means "equal" or "balanced".
In the book Tafsir al-Qurthubi, qisas is also explained as "to follow the track of mark", and it comes therefore to mean that the treatment of the offender should be the same as his offence.
Qisas, according to Islamic legal terminology, is "specified punishment imposed by Shari’ (Allah) as an obligation to be implemented in order to carry out the right of mankind."
From the several terms of definition given, it can be concluded that the life of a murderer should be taken just as he had taken the life of his fellow man or someone who injures others should in turn be injured.
THE DIFFERENCE BETWEEN HUDUD AND QISAS
Hudud and qisas have almost the same meaning whereby both are the punishment prescribed by Allah subhanahu Wataala and as an obligation to be implemented by Muslim relers.
However, the right contained in hudud are different from the rights found in qisas. In implementing the hudud punishment, the right of Allah is stressed whereas in administrating qisas, it is the rights of man that is more emphasised.
For example, the punishments for offences like theft, robbery, fornication, intoxication and apostacy are imposed by Allah, and are to be fully implemented without giving any right to anyone to make any alteration, reduction or addition, and definitely not to withhold the punishment of hudud as it is the right of Allah Subhanahu Wata’ala.
Unlike qisas, which, even though it is determined by Allah Subhanahu Wata’ala and its implementation is an obligation, it remains the right of human beings whereby the final decision on its executive rests with the one seeker the punishment of qisas punishment is unvalidated. It is also permissible for both parties, the offender and the one demanding qisas punishment, to replace the qisas punishment with compensation, since qisas is the right of human beings.
OFFENSES AND THEIR PUNISHMENT
Among offences which are punishable by qisas are:
- Murder:
Committing murder is a big sin in Islam, an evil and cursed deed for which the death sentence is a just punishment. As promised by Allah Subhanahu Wata’ala a severe punishment awaits the murdered in the hereafter. In the al-Quran Allah say:
"And whoever kills a believer intentionally, his recompenses is hell to abide therein, and the wrath and the curse of Allah are upon him, and a great punishment in prepared for him."
(Sura an-Nisa: 93)
The punishment for those who commit murder is death. This is
Clearly shown by Allah in His word which says:
"O you who believe! Al-Qisas (The law of equality in punishment) is prescribed for you in case of murder."
The qisas offence explained in the above verse is very clear, where the death punishment is imposed on the murderer. It cannot be altered or cancelled after the offender has been found guilty based on suffucient evidence, unless, the family of the slained has asked for compensation (diat) in lieu of qisas punishment.
- TO CAUSE INTENTIONAL, PHYSICAL INJURY:
To injure someone or to do so intensionally is not yaken lightly in Islam because such an act may cause permanent disbility to the victim.
The al-Quran clearly specifies the punishment for those who intentionally injure others as found in the words of Allah:
"And we ordained therein for them. Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds, equal for equal."
(Surah al-Ma’idah:45)
The punishment mentioned in the above verse was determined by Allah. An eye for an eye. Similarly with other parts of the body. Even wounds and injuries are to be mathed.
Al-Imam Bukhari and Muslim narrated that during the time of Rasulullah Sallallahu alaihi wasallam there was an incident in which an al-Nadzar girl had beaten and broken the tooth of another girl. When the case was reported to Rasulullah Sallallahu alaihi wassalam, he sentenced qisas punishment on the offender.
While during the rule of Sayidina Umar Al-Khathtab, there was an incident where a Ghassan King who had recently converted into Islam, had his robe accidently stepped on by a Muslim slave during tawaf at Baitullah. The king, who was well-known by the name Jabalah al-Aiham, suddenly punched the slave in the face. When a complaint was made to Umar Al-Khathtab, and he offender was found to be guilty, Saiyidina Umar exercised the qisas punishment upon Jabalah Al-Aiham, even though he was a king who was new to Islam.
Qisas is the law of Allah for the interest of man. However, Islam has provided a way out so that qisas need to be performed. Qisas can be replaced by compensation which is called diat for as long as both parties agree, especially the party seeking retribution, with the approval of the court.
This flexibility is given so that can be peace and to avoid enmity among man. Diat ia a way out which can benefit both parties, the murdered and the murderer. Diat does not aim at easing the punishment of Qisas but it presents a choice involved, who, for certain reasons are reluctant to carry out qisas. Diat thus becomes the alternative.
In the next, issue, we will continue with the discussion on diat so as to provide a more its administration as an alternative to qisas.
Adapted From al-Hadaf
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