slave for a slave

[dayaa]

hi all/salam
can someone please explain the rules for dealing with a killing, either deliberate or accidental. i don't understand the woman for a woman, slave for a slave concept. it seems like a sort of tribal tit-for-tat lacking justice. maybe i have understood it completely wrong and i'd appreciate it if someone could explain.
thankyou.

 

[Jibran]

hi all/salam
can someone please explain the rules for dealing with a killing, either deliberate or accidental. i don't understand the woman for a woman, slave for a slave concept. it seems like a sort of tribal tit-for-tat lacking justice. maybe i have understood it completely wrong and i'd appreciate it if someone could explain.
thankyou.

Hi and salam to you!

Did you ask what is the punishment of a killing in Islamic Law either delibrate of accidential?

If yes, the punishement in the Islamic Law is based entirely on justice. If a person murders someone delibrately, the verdict is a death sentence if found guilty. But in case of an accidential killing, the punishment is not a death sentence. The verdict, in this case, may carry a term behind the bars or it can be an agreed amount of money to be paid to the immediate family of the killed or both.

I did not understand when you said "woman for woman and slave for slave". There is no such thing in Islam though Islam says, fulfilling the demands of justice that,finger for finger, hand for hand, ear for ear, nose for nose and finally life for life.

Note: I am note giving any refrences from the Qur'an or the Hadith of the Prophet (pbuh) because it seems irrelevent here. I think the basic explanation was enough in response to this question. Yet if someone needs, I may provide some.

Hope that helps.

Regards
Jibran

 

[dayaa]

hi jibran and salam

can you please read albaqara 178 ( + yosef ali footnotes if you have that translation). i'd appreciate your comments, or anyone else's too. thanks.

 

[Jibran]

hi jibran and salam

can you please read albaqara 178 ( + yosef ali footnotes if you have that translation). i'd appreciate your comments, or anyone else's too. thanks.

Al-Mai'da 5:45 "We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers." (Yousaf Ali)

and:

Al-baqara 2:178 "O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty." (Yousaf Ali)


Comments: The verse (2:178) is addressed to the believers. It means that the law promulgated herein applies to the Muslims only. As regards the non‑Muslims ‑ whether under protection of an Islamic State or not ‑ the verse is silent about them. Some people think that this verse has abrogated the verse 5:45 (life is for life); because it does not allow killing of a free person for a slave, or of a man for a woman. But actually there is no room for this supposition. The position of this verse vis-à-vis the verse 5:45 is like that of an explanation vis-à-vis its text.

Furthermore:

Exodus 21:23-25 "Wherever hurt is done, you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, bruise for bruise, wound for wound."

Hope that helped.


Jibran