The fifth directive is that no one should kill any one. This is a mention of the sanctity of human life which it always has had as per morality and religion. The Quran has informed us that prior to this, the Israelites were also given this directive and the Almighty had ordained that killing one human being is like killing the whole of mankind. This directive has been preserved in the Talmud in these very words even today. [1] The Quran has referred to it in Surah Maidah in the following words:

مِنْ أَجْلِ ذَلِكَ كَتَبْنَا عَلَى بَنِي إِسْرَائِيلَ أَنَّهُ مَن قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا (32:5)

That was why We laid it down for the Israelites that hewho killed a human being without the latter being guilty of killing another or of spreading anarchy in the land should be looked upon as if he killed all mankind, and he who saved one life should be looked upon as if he saved all mankind. (5:32)

It is evident from the above mentioned directive that the life of a human being can only be taken in two circumstances: when a person has killed someone or when a person while rebelling against the collective system goes after the life, wealth or honour of others. The words “spreading anarchy in the land” refer to this latter practice. Apart from these two circumstances, every killing is an unjustified act the punishment of which is eternal Hell according to the Quran (25:68-69). Muslims, who perpetrate this crime against other Muslims, are warned thus by the Quran:

وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا (93:4)

And he who intentionally kills a believer, his reward is Hell. He shall abide therein forever, and the wrath and the curse of God are upon him. He has prepared for him a dreadful doom. (4:93)

The Quran has also clarified that the perpetrators of this crime will not only have to face God, they will also have to reckon with the heirs of the slain person and God has given them full authority in this regard, and no court of justice can show any leniency to the murderer without the consent of his heirs. Its responsibility is that if they insist on qisas, it should help them and should implement with full force whatever they want.

However, this does not at all mean that if at some place a formal government does not exist and the matter of qisas is solely left to the discretion of the heirs of the accused, then they, in their capacity as heirs, should exceed the limits and, for example, slay others besides the slayer in frenzy of revenge or out of prejudice for their status and superiority demand the execution of a free person in place of a slave or a man in place of a woman, or kill the criminal by torturing him, or take out their venom on his dead body or adopt those methods of killing which have been prohibited by the Almighty. The words فَلاَ يُسْرِفْ فِي القَتْل point to this aspect.

It is evident from this that on the Day of Judgement the slain person shall have the same authority and without his consent the slayer will not be granted any leniency.

(Javed Ahmed Ghamidi)

(Translated by Dr. Shehzad Saleem)

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[1]. Jacob Neusner, The Talmud of Babylonia;An Academic Commentary, vol. 23 (Atlanta: Scholars Press, 1996), 183.