Qisas Reprised
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I saw this and thought I'd post it since I have Qisas on my mind more often than not these days (no particular reason, stop looking at me like that!)
About QISAAS (The Law of Just Recompense) Willful murder is a crime against the victim and family and against the state. QISAAS literally means tracking down the criminal and bring him to justice. The N2I translations are misleading here as well.
The Qur'anic Law holds only the perpetrator of a crime accountable. You know, LA TAZIRU-WAAZIRA-TUNNW-WIZRA UKHRA. (No person will bear the load of another).
2178 (Security of life is the cornerstone of a civilized society.) O You who have chosen to be graced with belief! The Law of Just Recompense (Qisaas’ has been prescribed for you in dealing with murder. If a free person has committed murder, that free person will face the Law. If a slave has committed murder, that slave will face the Law. And if a woman has committed murder, that woman will face the Law. If the victims kin pardons the guilty, he must be appreciative and pay an equitable compensation to the kin in handsome gratitude. This pardon is a concession and mercy from your Lord. Whoever, after this, trespasses this Law will have an awful doom in the Court of Allah.
2179 For, there is life for you in the Law of Just Recompense, O You who possess understanding! This is so that you may live in security. (Hence, Qisaas is a deterrent and not revenge.)
Link
Right, the literal and other translations
2178
Ya ayyuha allatheena amanoo kutiba AAalaykumu alqisasu fee alqatla alhurru bialhurri waalAAabdu bialAAabdi waalontha bialontha faman AAufiya lahu min akheehi shay-on faittibaAAun bialmaAAroofi waadaon ilayhi bi-ihsanin thalika takhfeefun min rabbikum warahmatun famani iAAtada baAAda thalika falahu AAathabun aleemunLiteral You, you those who believed, it is dictated/ordered on you the revenge in the killed/murdered, the free/liberated with the free/liberated , and the slave with the slave, and the female with the female, so who was forgiven/pardoned for him a thing/something from his brother, so following with the goodness/kindness (peaceful settlement) and discharge/fulfillment to him with goodness, that (is) reduction/lightening from your Lord, and a mercy; so who transgressed/violated after that, so for him (is a) painful torture.
Free-Minds O you who believe, equivalent execution in warfare has been decreed for you in the case of mass killings; the free for the free, and the slave for the slave, and the female for the female. Whoever is forgiven anything by his brother, then it is to be followed with good deeds and kindness towards him; that is an alleviation from your Lord, and a mercy. Whoever transgresses after that, he will have a painful retribution.
2179
Transliteration Walakum fee alqisasi hayatun ya olee al-albabi laAAallakum tattaqoonaLiteral And for you in the revenge (is) life/growth , you (owners) of the pure minds/hearts, maybe you fear and obey (God).
Free-Minds And through equivalent execution in warfare, you will be protecting life, O people of understanding, that you may be righteous.
I don't know why equivalent execution in warfare is chosen in the FM translation (equivalance or 'just recompense' seems fitting in the occurences) as it seems to be a law dealing with murder generally? Going through the root/Lane's, there seems to be no problem with the word/meaning as well. The other thing was
If a free person has committed murder, that free person will face the Law. If a slave has committed murder, that slave will face the Law. And if a woman has committed murder, that woman will face the Law.
The alternative meaning that is brought forth here is that the free will face the law with the free, and the slave with the slave etc, that there is no getting away from this law no matter who you are, is quite interesting. Discussion welcome.
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We should also look at 545 then
Wakatabna AAalayhim feeha anna alnnafsa bialnnafsi waalAAayna bialAAayni waal-anfa bial-anfi waalothuna bialothuni waalssinna bialssinni waaljurooha qisasun faman tasaddaqa bihi fahuwa kaffaratun lahu waman lam yahkum bima anzala Allahu faola-ika humu alththalimoona
Literal And We wrote/decreed on them in it, that the self (is) with the self, and the eye (is) with the eye, and the nose (is) with the nose, and the ear (is) with the ear, and the tooth (is) with the tooth, and the wounds/cuts (are) equal revenge/punishment equal to crime, so who gave charity (forgave) with it, so it is cover/substitution for him, and who does not judge/rule with what God descended, so those, those are the unjust/oppressors.
Free-Minds And We have decreed for them in it that a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and wounds to be similar; and whoever remits anything of it, then it will cancel sins for him. And whoever does not judge by what God has sent down, then these are the wicked.
Don't know how he would explain this compared to his translation above. If in one case (217 everyone is accountable to the law, would this be a case of equality in different contexts in 2178 and 545? Equality in accountability and equality for crime and punishment.