Читать книгу Towards Understanding the Qur'an - Sayyid Abul A'la Mawdudi - Страница 100

Al-Baqarah 2: 179–80

But if something of a murder- er’s guilt is remitted by his brother this should be adhered to in fairness, and payment be made in a goodly manner.53 This is an alleviation and a mercy from your Lord; and for him who commits excess54 after that there is a painful chastisement. (179) People of understanding, there is life for you in retribution that you may guard yourselves against violating the Law.

(180) It is decreed that when death approaches, those of you who leave behind property shall bequeath equitably to parents and kinsmen.55 ▶

53 This verse also makes it clear that according to the Islamic penal law the question of homicide can be settled by the mutual consent of the two parties. It is the prerogative of the heirs of the victim to forgive the murderer, and if they want to exercise this prerogative not even a judge has the authority to insist on carrying out the death sentence. In such a case, however, as the verse mentions, the murderer will be required to pay blood money.

54 “Excess” might consist of the attempt, on the part of the heirs of the murdered person after they have settled the matter and received blood money to take revenge for the blood of the victim. It will also be excess, and in this case it will be on the part of the murderer, if he tries to delay the payment of blood money to the heirs of the victim. They would thus be repaying the heirs of the victim with ingratitude for their kindness and goodwill.

55 This injunction relates to a period when no rules had yet been laid down for the distribution of inheritance. Thus everyone was required to make testamentary disposal of their property so as to ensure that no disputes arose in the family and no legitimate claimant to inheritance was deprived of his due share. Later on

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