Monday, January 4, 2010

killing is a sin


"Nor should one take a life except for its being subject to the Divine Law". "O you who believe! You are ordained to pursue the case of a murderer and punish the criminal according to law. (It means that it should not be taken as a personal case between the murderer and the relatives of the murdered; it should be considered a crime against the society or the system which should take it into its own hands. As regards its punishment, the principles of justice and equity must be kept in mind, so that there should be no difference between big or small. The real issue is that of justice, according to which every human life is equally valued (the individual human beings are equal) For example: if the murderer is a free man, the same free man shall get punishment; and if the murderer is a slave, the same slave shall be punished; if she is a woman, her being a woman cannot save her: she must get punishment.

The crime of murder can be of two kinds: (i) willful murder, or (ii) murder by mistake. The punishment for willful murder is death (not blood-money or compensation) or anything less than the maximum punishment ; in any case the punishment should not exceed the extent of crime.

But if the murder is not by intent or premeditated, but the result of a mistake (inadvertent), the punishment shall be blood-money (compensation) according to . If the heir of the person slain willfully wants to give a remission in the amount settled, he can do so. In such a case it is necessary for the guilty to abide by what has been settled and make payment in a commendable manner. (In the fixing of the punishment for an inadvertent murder) your Sustainer has given a relief, so that your capabilities may continue to flourish. But if anybody commits excess after the settlement of the case, he shall receive grievous punishment.


As it has been said before, premeditated murder and inadvertent or unintentional murder are two separate cases. For murder without intent it is said: "Never should a believer kill a believer, except when by mistake: if one (so) kills a believer, it is ordained that he should free a believing slave and pay compensation to the family of the deceased, unless they forgive it as an act of grace. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom you have a treaty of mutual alliance, compensation should be paid to his family, along with freeing a believing slave. For those who find this beyond their means, it is prescribed for them that they should fast for two months running; this shall be considered sufficient cause for forgiveness by the Divine Law,


And for willful murder it is said: "If one kills a believer with intent, punishment for this unjust killing is death , but after death, he shall also go to hell to abide therein (for ever) and the wrath and curse shall be upon him and a dreadful penalty is prepared for him; he shall be deprived of the rights of citizenship* and shall be given severe punishment**.

Thus it is clear that blood money is allowed only in an unintentional murder, not in willful murder, punishment for willful (premeditated) murder is death. It is apparent from the above that even in willful murder punishment less than capital is allowed. For example if one kills somebody, on being suddenly enraged by the sudden attack on his honour, one can be given some other punishment less than the capital punishment.The word "Lanat" (curse) means to 'deprive somebody'. Legally it means to deprive of rights which were available to him as a human.


If anybody acts wrongfully in ignorance but regrets afterwards, if you think that if forgiven he shall mend himself, forgive him.


No comments:

Post a Comment