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Question: If a man murders
a woman, then according to ‘Qisas’
(as I understand) -"a woman for a woman" should be killed. But why should
an innocent woman be killed? Why not the murderer himself? Please explain.
O ye who believe, decreed for you is the qisas of those among you who are killed such that if the murderer is a free-man, then he [himself] will be executed in lieu of [the crime] and if he is a slave, then he [himself] in lieu [of the crime] and if she is a woman then she [herself] in lieu [of the crime]. In other words, what the verses actually
imply is that it is the murderer only who should pay the penalty for the
crime. No one else should be killed is his or her place. It should be kept
in consideration that in the pre-Islamic Arab society, there were customs
in which murderers were let off if they belonged to a certain tribe or
class of society. In their place, some person of an inferior creed was
executed. Sometimes, a slave was executed for the crimes of his master.
At other times, simply no one was executed. This verse actually stresses
total equality in matters of qisas.
It is the murderer himself or herself who must be penalized for the crime
he or she has committed. Consequently, `a woman for a woman' does not at
all mean that if a man has murdered a woman, then in his place a woman
should be executed. The man himself must be put to death.
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