Chapter 2: Surat Al-Baqarah (The Cow), verse 178-182
Translation:
Believers, retaliation is decreed for you in bloodshed: a free man, a slave for a slave, and a female for a female. He who is pardoned by his aggrieved brother shall be prosecuted according to usage and shall pay him a liberal fine. This is a merciful dispensation from your Lord. He that transgresses thereafter shall be sternly punished. Men of understanding! In retaliation you have a safeguard for your lives; perchance you will guard yourselves against evil. It is decreed that when death approaches, those of you that leave property shall bequeath it equitably to parents and kindred. This is a duty incumbent on the righteous. He that alters a will after hearing it shall be accountable for his crime. God hears all and knows all. He that suspects an error or an injustice on the part of a testator and brings about a settlement among the parties incurs no guilt. God is forging and merciful. (178-182)
Commentary:
Islam has laid
down the principle of retaliation in like measure (qisas). That e.g.
“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 society, and not revenge. On the other hand the revengeful
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.
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 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.