Why Islam enacted the law of retaliation?
Isn’t retaliation a sort of violence?
Isn’t killing a human, even a sinful, considered as violence?
In reply to these questions, it is necessary to consider some points for solving and removal of any suspicious question:
First point- After expressing law of retaliation, Quran says:
If aught is pardoned a man by his brother, let the pursuing be honorable.(20)
That is to say, retaliation is neither obligatory, nor recommended. However, for preventing the crimes by felons and repetition of similar cases, the slain family are authorized to apply for it, while it is neither obligatory, nor recommended. (Pay attention)
Second point – In verse 179, the same sura, life and survival has been mentioned as the philosophy of retaliation (In retaliation, there is life for you, men possessed of minds), not enmity, revenge and hatred. If the mischievous murderer who disregards people’s soul, wealth and honor is granted a respite, and is made liable to the Islamic mercy, he may misuse the mercy and clemency rendered to him, and commit more crimes! Isn’t this a treachery to the society! Encounter with gangs in the society, for whom there remains no other way than retaliation, is not an implication of violence. Rather, it is the clear indication of mercy to let the others to live peacefully.(21)
It is surprising that those claiming for clemency and benevolence and chanting for human rights object everywhere when such criminals are retaliated, but when their felon friends commit the most terrible crimes in Palestine, Afghanistan, Bosnia and Herzegovina, Chechen, south of Lebanon, Iraq and other territories, none of them object as all are deaf, blind and asleep!
When one’s finger undergoes necrosis, the passionate and skilled physician does his best to cure and heal it. However, if he does not succeed, and there remains no way save cutting it to preserve other fingers and prevent its spread to other parts of body, is such physician violent! Does clemency and benevolence necessitate this necrotic member to remain and gradually make the other parts necrotic, and even result in death for the whole body! Does any logic and intellect accept this attitude!
Consequently, retaliation is a sort of treatment and is necessary and essential for prevention from spread of corruption to other members of society and preservation of security and safety. On this account, the law of retaliation not only is not considered as an example of violence, but also considering the expedience and benefit of society, it is a branch of divine clemency and benevolence. (Pay attention).
We do not think any sage man, even not being a follower of Islam, to believe to let the murderers and mischievous individuals threatening the society’s security, who do not relent anyone, and are not bound to any of religious and human principles, live freely in the society and commit any crime. Rather, all the sage in the world accept retaliation as the last treatment for these necrotic members of society, and receive it.