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AN
EYE for AN EYE will make the world BLIND |
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The
above referred dialogue is quoted from Mahatma Gandhi
and we listen it commonly. We the ‘People of The
Book’ do not care where its repercussions are going.
It is our tragedy that we know very little about the Heavenly
Scriptures although we revered them and often quote them.
According to my knowledge, this injunction of ‘An
Eye for An Eye’ is the order of Almighty God appeared
in the Holy Torah and with its reference said in Holy
Qur'an chapter 5 verse 45 The quotation is as under: |
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I
confess that it is impossible to translate the Divine
Writ into another language without sacrificing its eloquence,
beauty, dignity and clarity. Here, I made an attempt to
reproduce it in the English language as per my understanding. |
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“And
WE ordained for Children of Israel in that Torah 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 a similar retribution for body hurts. But
if the sufferer pardons it in kindness, it will be an
atonement. And they who do not make verdict in accordance
with what GOD ALMIGHTY has revealed, they, they are
the evil doers.” |
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Man
has been imbued with the negative qualities as well
as positive ones also. But he is given the conscience
to judge his own acts. It is the tragedy that we act
first and think later. Many a times we do not care the
whisper of our conscience and we have our own excuses
and justifications to tone down it. Every man is unique
in himself and environment of the earth is quite tempting
also. Many a times man loses his temper and transgress
the limits and creates danger to the life of other person.
Our CREATOR treats every human being equal and on a
par regardless of his caste, color, gender, language
and even religion. We can observe it daily as the most
essential needs for the survival of human life like
sun rays, water, rains, air etc are equally provided
to all by the NATURE Supreme.
But usually we forget this and feel ourselves very
much important not providing the same value to others.
Due to other boons of Nature like money and power, we
do not take care of our tongue and hands and many times
cross our limits in hurting others physically also.
Human dignity is prime in the sight of the CREATOR.
It is imperative for a responsible administration,
to enact and enforce laws to protect the lives of the
citizens from heinous crimes like murder. The injunction
for such acts are not only prescribed in the Qur’an,
but that Divine Guidance has been provided from the
time of Adam, and made known through the Scriptures
from time to time. But, sadly, man has in all ages,
brutally killed and plundered with impunity. Man has
constantly endeavored to develop weapons that can kill
in the shortest of time, and even larger numbers. He
has never thought for a moment the price he must pay
eventually.
The high value and esteem that the Qur’an accords
to human life is difficult to find in any other scripture
or a book of law. This is evident from the commandment
in chapter 5/32:
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“With
this very first murder, WE ordained, (and revealed in
The Torah) to the Children of Israel (also), that if
anyone slays a human being, unless it be for punishment
for murder or for spreading mischief and corruption
on earth, it shall be as though he has slain all mankind;
whereas, if anyone saves a life, it shall be as though
he has saved the lives of all mankind. And indeed there
came unto the mankind OUR Messengers with all evidence
of the truth; yet, behold, not withstanding all this,
many of them go on committing all manners of excesses
on earth.”
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From
the Qur’an, we are informed that the first murder
occurred because of a religious dispute between the
two sons of Adam. One of them killed the other, and
this was not only the first murder on earth, but also
the first death of mankind. GOD ALMIGHTY provides us
lesson in the matter of disposing of the body through
the demonstration of a crow. This lesson is contained
in chapter 5/27 to 31 which may please be referred.
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The worth of human life is amply and forcefully stressed in
the above quoted verse. In the sight of the CREATOR, even
one single human life is equal to the lives of the entire
humanity put together! Is the world aware? Is there any
other book which emphasizes more eloquently and more forcefully
this value of a man’s life?
It is necessary that people are made aware of the worth
of human life in the sight of the CREATOR, and even
if one murder is prevented as a result of our efforts,
we shall be rewarded with a reward fit for saving the
lives of the entire mankind!
In the beginning I had referred to chapter 5/45 which
deals with punishment for causing injury. In the same
verse it is mentioned that before the revelation of
the Qur’an, similar punishment were ordained in
the Torah and the Gospel too.
In this injunction capital punishment is also prescribed.
Law makers, especially of the West, and human right
activists must ponder over, and discover the element
of mercy and compassion inherent in these injunctions,
and adopt these in evolving a more peaceful environment
for society.
Of all the attributes that the Qur’an describes
of our SUSTAINER, the attributes of Mercy and Compassion
are predominant. Every letter and every word is to be
understood in the light of these glorious attributes.
Every chapter begins with the verse extolling HIS attributes
of Mercy and Compassion. Therefore, when the immensely
Merciful SUSTAINER has ordained certain laws of conduct,
they are bound to be inherently merciful and of high
standard, and for the well being of society. The need
is to rediscover these and introduce to the world at
large in the spirit they are meant to be.
In the referred verses, the message we get is that
for a healthy and vibrant society, the wise and the
resourceful should enact laws, which protect the lives
and property of the citizens from the extremists. These
laws should be enforced in a just manner, without any
discrimination or favor or without providing advantage
to the rich and powerful.
Four fundamental conditions must be met for the laws
of capital punishment to be enforced. An administration
with authority, law making machinery – the legislature,
judiciary, and the executive. History is evident
that when the public takes the law into their hands,
there is widespread bloodshed, chaos and anarchy.
When the other part of the verse referred above, which
contain the injunction of capital punishment, is pondered
over, the aspect of Mercy and Compassion become apparent.
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“……But
if the sufferer pardons it in kindness, it will be an
atonement. And they who do not make verdict in accordance
with what GOD ALMIGHTY has revealed, they, they are the
evil doers.” |
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Firstly,
in this verse, human life is referred to; then different
parts of the body are referred to. Let us analyze this
verse with the prayer that, |
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“O
Our sustainer, guide us in our effort so that may recognize
the true spirit of the verses that you have revealed and
that we may deliver it to all people without distinction
of caste and creed.” “Life
for life” means the life of the murderer.
Only the one who has committed the crime is punished.
Action cannot be taken against his parents or children
nor anyone of his community individually or collectively.
Undoubtedly, life must be compensated with life, but
only of the culprit. Have men forgotten, or are even
aware of the words of the Mercy of all Mankind, Prophet
Mohammed (s.a.w.s), commanded his followers during the
course of the Last Sermon from the valley of Arafaat!
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Listen
carefully! Only the committer of the crime be punished.
A son should not be avenged for the crime of the father,
nor should the father be avenged for the crime of the
son. Nor should any relative of the culprit be harmed. |
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“Eye
for an eye,” is the next order. It is quite
explicit that for the harm done to one eye, only the culprit’s
one eye is sufficient retribution. In one of the Hadiths
which deals with jurisprudence, there is an explanation,
which goes to say that when the right eye is harmed, the
culprit’s right eye is to be harmed. And if the
culprit does not have a right eye, then the left eye cannot
be touched, but the matter is left to the final court
of the hereafter where GOD ALMIGHTY, the Supreme shall
Judge with Infinite Power to Judge and Punish. |
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Next
part of the body referred to in the verse is the nose.
For the injury to the nose only the nose of the culprit
bears the pain of punishment. No other part is substituted.
The same applies to the ear. And in the same way a tooth
for a tooth, and any other injury with a similar. All
other parts of the culprit are as secure as of any other
citizen. Do these verses not declare unambiguously that,
under no circumstances, quantum and quality of punishment
can exceed the crime? |
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Here
it must be noted that all these punishment can be implemented
only after the due process of law has run its course,
and the culprit is pronounced guilty. These commands are
from the LORD of all that exists, and who is the LORD
of the culprit, LORD of the victim and Who is the Owner
of the Day of Judgment, The Most Merciful The Most Compassionate,
and The Dispenser of Grace. |
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The
other aspect of this injunction which remains unnoticed
is that, the status of the culprit may be however high,
the punishment has to be carried out without discrimination
of any sort. Finally, it is very clearly stated in chapter
17/33. |
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“….
do not exceed the bounds of equity in retributive execution
of murder ….” |
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And
an even more important aspect is discovered is that, legislation
should be in such a way that it does not favor the rich
or the powerful, nor should there be any scope for special
favor. No authority however high or mighty has the right
to commute the sentence of the culprit, except the aggrieved
party. These noble and just aspects of the laws prescribed
in the Qur’an are nowhere to be found in any other
book of law. |
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Of
course, the administration or the executive is duty bound
to carry out the sentences, but the right to condone or
commute lies only with the immediate and worst sufferers.
In case of murder, it is the victim’s children,
parents or the spouse who have the right to pardon, and
no authority however high, can pardon or commute the sentence. |
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It
is the old parents, the young children and the widow who
has suffered grievous loss. Therefore the right to pardon
should justifiably be vested with them only. No head of
state or judge has suffered any loss or harm, therefore
how can they have a say in the matter of pardon or commuting
the sentence! If these victims are prepared to pardon
in recognition of GOD’s Supremacy, or are prepared
to settle for compensation, then they have this right
which alleviate their suffering. In this Noble and Merciful
legislation lies the welfare of human society and the
protection of human rights. Truly, such noble legislation
full of compassion and that which elevates human dignity
could come only from the Most Merciful CREATOR. Alas,
humanity needs to rediscover it and implement it. |
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It
is my fervent appeal to all and draw their attention
to the Message of the CREATOR which was revealed more
than fourteen centuries ago for the welfare of humanity.
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Finally,
I invite all the people of the Book, people in power,
officers and every individual, to personally study the
various aspects of the all encompassing guidance, including
that of the judiciary, and ponder over its various aspect
of Mercy and the development of human character. This
we must adopt in our lives and convey the Message throughout
the world. |
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But
yes, if the laws are hijacked by citizens and they decide
the matters at their own using such Heavenly injunctions
as a tool for vengeance among them, all on the earth will
be become blind due to such terror. May Almighty save
us with such and may HE help us in understanding the Scriptures
in its original language and spirit and apply it accordingly.
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