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The Legitimacy of the Government’s Position in Retribution

Before starting a special discussion about Qasas in Farah province, I would like to point out the role of Qasas in relation to social justice and maintaining order and security in the society:

Retribution is the guarantor of the continuation of social life, justice and security, which means that when a murderer whose killing has turned into a profession is revenge, first of all the fear and fear in the society that professional killers, robbers and the burglary is getting tired and people are not leaving their usual work and life, it is coming to an end. This means that the message of security and well-being in the society is lost and people continue their usual work without fear.

Second, revenge and killings between humans do not continue and end. We and you in our country and in other countries have also witnessed that dozens and hundreds of people are killed due to ethnic differences and family conflicts. Or the uncle spends his youth in search of murderers and burns in the desire to take revenge until he himself falls prey to the enemies and dies. It is issued by the judge and the guardian of the deceased is either executed or pardoned.

If the order is implemented, then the spirit of revenge on both sides (the killer and the victim’s family) will disappear because the order of retribution is issued by the judicial power of the state in the light of Sharia and laws, and no revenge is taken from the government. On the other hand, the implementation of the order by the guardian of the deceased leads to no longer having the spirit to continue the enmity. Thus enmity ends forever.

The third lesson and abstinence is another social consequence of revenge

When revenge is paid, the criminals are exposed to the people and the world, and they also see their punishment in front of the people. This work is a lesson to other criminals that they should not give up murder, crime and criminal life and play a positive role in the society.

Fourth, community spirit:

When the right reaches its rightful owner through retribution, mothers do not train their children in the spirit of taking revenge, but give them the spirit of pen, school, teaching, and work. In this way, the social spirit is healthy and young people return to care, education, work and development, which leads to the prosperity of the society.

Fifth justice and elimination of strong and weak in society:

It is often seen that powerful, wealthy people and those tribes or families that have a large number of young people prevail in the continuation of revenge and enmity and destroy the other party’s family or leave the village or homeland. It forces, but revenge destroys the strong and the weak and paves the way for the implementation of real justice in the society.

The religion of Islam speaks of the continuation of life without retribution for the above reasons, as Allah Almighty says in Surah Al-Baqarah verse 179:

(179) And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous

The claim of the opponents of retribution and execution and the answer of the Qur’an:

Opponents of execution and retribution criticize the execution from the point of view of human rights and say that by execution a person is killed and a human being is destroyed.

But the reality is that they issue an order before the evaluation and investigation, otherwise the Qur’an says that revenge is necessary in the case that the opposite side (if it is the victim) intends to take revenge, that is, there are conditions for the continuation of the murders.

If the victim has the intention of forgiveness, in this case Qisas is not implemented, but the Holy Qur’an emphasizes on forgiveness, encourages forgiveness and transgression, and also gives the pardoner the gift of forgiveness.

This issue is explained in verse 45 of Surah Maida as follows:

( (45) And We ordained for them therein 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. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allāh has revealed – then it is those who are the wrongdoers)

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