الآية رقم (178) - يَا أَيُّهَا الَّذِينَ آمَنُواْ كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاء إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ

(178) - (O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.)

(   يَا أَيُّهَا الَّذِينَ آمَنُوا ) (O you who have believed..): Allah (swt) is not forcing these commands on anyone

, rather he is only calling on those who believed in Him. When you entered into the faith and declare your belief in Allah (swt), then you have made a conscious choice to listen to and follow God’s orders. Thus, Allah (swt) does not assign any obligation to those who do not have faith in Him (swt).

An important point must be noted, anyone who declared faith does not have the right to say that he is free to do whatever he wishes. Here, you are not free; you are free to believe or disbelieve, free to be a Muslim or not, but if you choose Islam, you are not free to destruct Islam, and you are not free to run away from its obligations. You are not free to claim that Islam did not prohibit usury or alcohol, and that the veil of women is not obligatory, etc. You are not free to attach to the religion what is not from it and you are not free to allow what Allah (swt) has forbidden and to forbid what He (swt) has allowed.  There are fixed issues in religion and in the texts of the Quran and Sunnah as well, where there is no (Ijtihad) discretion. Let everyone know that the certificate of our good conduct is our religion. We do not need to present a certificate of well behavior to anyone. As such, we do not have the right to dilute the religion and say: this is not from religion and that is not true or to allow the forbidden and forbid what is lawful, then we claim that Islam is like that. No, Islam is not like that! Islam is what Allah (swt) says and what the Messenger of Allah (saws) said.

(  يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ) (O you who have believed, prescribed for you is legal retribution for those murdered..): Why is there a legal retribution? If there is no legal retribution, the world would turn into a forest. Legal Retribution is for preserving the life, the human being is not free to kill another human being, there must be a legal retribution.

(  الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ ) (..the free for the free, the slave for the slave, and the female for the female..): If a free man murdered a slave, or a female murdered a male, what does this mean?

In this situation the extremists who do not understand anything from religion would explain this verse in a wrong way; what if a free man kills a slave? Or a man kills a woman? The problem lies in that some ignorant people try to interpret such verses, so we say to anyone who wants to stand against the extremism, takfir and terrorism and all the takfiri groups which use Islam as an excuse for their own desires, we tell them: You have to refer to the religious sciences; because the one who fights truly is the scientist and the educated man. He fights with the science, whereas, the ignorant are whom who fall as a prey in the nets of those takfiri.

What should be known that this verse is mentioning the state of slavery that was at the time of revelation and its gradual stages, such as what Allah (swt) says:

 {يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْرَبُوا الصَّلَاةَ وَأَنتُمْ سُكَارَىٰ حَتَّىٰ تَعْلَمُوا مَا تَقُولُونَ }

(O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying…)  (An-Nisa: 43)

This verse was first revealed mentioning wine before the text of its forbidding was revealed. On the other hand, this verse refers to the disputed tribes, which used to kill a hundred of people in return if just one free man murdered a slave or a slave murdered a free man. So this verse puts a rule for this case. After that this verse was abrogated by:

 {النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ }

(a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution…)  (Al-Ma’ida:45)

Accordingly, there became no difference between being a female or a male, a slave or a free, all have the same name (person), and the punishment is same. Allah (swt) says:

{ مَن قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا }

(whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely.)  (Al-Ma’ida: 32)

So that, this was a specific case of disagreement and revenge that were between tribes.  So this verse was to address this matter and limit the uncontrollable tribal mess that existed before Islam. First of all, Islam limited it and then gave the rulings, which are stated in: “a life for a life, an eye for an eye…” and “whoever kills a soul..”. Thereafter, there is no distinguish whether a man who murdered a female, or a female who murdered a male. The woman is not less than a man. Allah (swt) says:

 {يا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُم مِّن ذَكَرٍ وَأُنثَىٰ وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِندَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ }

(O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.)  (Al-Hujurat:13)

Allah (swt) did not say that the most noble of you is a male or a female, rather He (swt) said: “the most righteous”. The speech is always addressed to everyone:

 {مَنْ عَمِلَ صَالِحًا مِّن ذَكَرٍ أَوْ أُنثَىٰ وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً ۖ وَلَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُوا يَعْمَلُونَ}

(Whoever does righteousness, whether male or female, while he is a believer – We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.)  (An-Nahl:97)

Thus, righteous deeds, reward, punishment, responsibilities, duties and all rights are the same for both males and females. No one argues wrongly about this verse such as someone who would say that Allah (swt) orders us not to pray, taking just a part from this verse:

  {…لَا تَقْرَبُوا الصَّلَاةَ….}

(…do not approach prayer….)  (An-Nisaa:43)

This is how the enemies of the Islamic religion use such verses and take them out of their contexts and meanings to apply them on another rule which is not related to.

(  فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ  ) (But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct..): If the killer is pardoned, this would open the door of forgiveness, opposed to take revenge, hatred or malice. Allah (swt) uses the word (Brother) even though there is fighting and revenge among them, but He (swt) says (brother). Allah (swt) says:

 {إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ }

(The believers are but brothers.)  (Al-Hujrat:10)

Thus Allah (swt) made a bond of brotherhood among the believers.

A man came to a caliph and knocked on the door, the doorman said to him:” Who wants to meet the Caliph?” He said: “Tell him, your brother.” The doorman said to the Caliph: “Your brother is at the door”, the Caliph said: “Let him enter”. When he enters the caliph looked at him and said: “Why did you claim that you are my brother?” The man answered the Caliph:

 {إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ }

(The believers are but brothers.)  (Al-Hujrat:10)

The Caliph said: “A Broken kinship, I swear by Allah to be the first who connect it” and he gave the man a gift.

(  وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ  ) (..payment to him with good conduct..): Even with blood money (Diya), it has to be in good conduct.

(  ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ  ) (..This is an alleviation from your Lord and a mercy..): Alleviation of revenge and vengeance factors.

(  فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ  ) (..But whoever transgresses after that will have a painful punishment.): Allah (swt) vowed those who transcend and transgress after these verses were revealed, they will have a painful punishment. Of course, there is no punishment but according to (Sharii) Quranic text.