Maeda 45
45- AND WE ORDAINED FOR THEM THEREIN (THE TORAH) THAT A SOUL IS FOR A SOUL, 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 THERE IS RETRIBUTION FOR THE WOUND, HOWEVER WHOEVER IS CHARITABLE WITH IT, IT WILL BE A RANSOM FOR HIM, AND THOSE WHO DO NOT JUDGE WITH WHAT ALLAH SENT DOWN, THOSE ARE THE UNJUST.
In this Ayah there is some the law of Islam regarding retribution for injuries which lead to loss of life and those leading to various injuries.
“A SOUL IS FOR A SOUL” Meaning that if one person kills another, the offender is to be killed. There is no difference between a man and a woman, or a rich and a poor, or a free man and a slave (there is no slavery now) Allah’s messenger prayer and peace upon him said: “The blood of the Muslims are equal”. (Nesae)
This applies only to intentional killing and not accidental killing.
The retribution for wounds is to inflict a similar wound in the same organ, whether it is an eye, or nose, or ear or a tooth. Other wounds in other parts like an arm or a leg, is to inflict a similar wound on the offender, but short of cutting the limb, or to take the ransom.
Allah’s messenger prayer and peace upon him forbad the retribution for a wound by inflicting another, until the wound of the victim heals. In fact
Allah’s messenger prayer and peace upon him used to encourage the victim to accept the Dya (ransom) for his wounds. The victim Pardoning the offender, Allah the Highest will pardon the victim for pardoning the offender.
Allah’s messenger prayer and peace upon him said: “Whoever is wounded in his body and he leaves (the retribution) for Allah’s sake, it will ransom him (his sins)” (Ahmed)
And he said prayer and peace upon him also said: “Any man wounded in his body, and he is charitable (concerning retribution) Allah will pardon him by as much” (Ahmed & Nesae)
“AND THOSE WHO DO NOT JUDGE WITH WHAT ALLAH SENT DOWN, THOSE ARE THE UNJUST”
Judging between people according to one’s own opinion or by others law, is committing injustice. This is because the basis of the judgement, which is the law, is unjust, as it is man made.
Judging is something we do every day, not only in court. It is in all the dealings between people, we should observe Allah’s Law, the Sharea, particularly if there is conflict. It is very bad to replace it with other laws, or customs. This does not mean that our customs are bad, but if they are in conflict with the Allah’s Law, then it is unjust.
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