Laws of Retaliation OR Lex Talionis:-
These are the Biblical laws of retaliation which stipulate that the MAXIMUM penalty that may be exacted against any act, must only be of exactly the same kind and not more.
Exodus 21: ...23 " But if there is a fatality, then you shall award a life for a life; 24 an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot; 25 a burn for a burn, a wound for a wound, a bruise for a bruise..."
That is, that one cannot cut off a hand of the perpetrator for having lost a finger for example; nor can one take a life for the loss of one or even two limbs. Exod. 21:30 allows for a payment in atonement for an injury.
Exodus 21: 30 " When an atonement payment shall be assessed against him , he shall pay as a redemption for his life whatever shall be assessed against him"
Muhammad, as usual, plagiarised, copied and adjusted some of them to suit the Arabian traditions:
5:45 We ordained therein for them: "Life for life eye for eye nose for nose ear for ear tooth for tooth and wounds equal for equal." But if anyone remits the retaliation by way of charity it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed they are (no better than) wrong-doers.
While the Bible ordained that in the case of murder only, the life of the murderer should be taken without the possibility of blood money in atonement, Muhammad chose to follow the tradition of the pagan Arabs by allowing blood money reparation even for murder.
In general, the Jewish jurists - unlike Muhammad and his jurists - tended always to interpret the Biblical injunctions in a much milder way because they knew that retaliation even in kind will only perpetuate the cycle of revenge.
Al-Muwatta Hadith Hadith 43.4b
The Blood-Money of Women
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said,
"The blood-money for a woman is the same as for a man up to one third of the blood-money. Her finger is like his finger, her tooth is like his tooth, her injury which lays bare the bone is like his, and her head wound which splinters the bone is like his."
Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.
Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood-money in that is half of the blood-money of a man."
Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood-money for that injury and there is no retaliation against him."
Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."
Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."
*** It does need a lot of intelligence to realise the total lack of justice, morality and or fairness in the Quran regarding the women followers of Muhammadan Islam.
They are treated as HALF a human male counterpart with all the man-made Sharia laws against their rights as equal human beings to the male***
Al-Muwatta Hadith Hadith 43.15
What Is Obligatory for Intentional Injury
Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.
Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."
Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."
Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."
Al-Muwatta Hadith Hadith 43.15a
Retaliation in Killing
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."
Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."
Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood-money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."
*** Compare the above depraved indifference to fairness and justice with that in the Bible for the same deeds-
Exodus 21:20 " If a man shall strike his slave or his maidservant with the rod and he shall die under his hand, he shall surely be avenged....26 If a man shall strike the eye of his slave or the eye of his maidservant and destroy it, he shall set him FREE in return for his eye. 26 And if he knocks out the tooth of his slave or the tooth of his maidservant, he shall set him FREE in return for his tooth..."
Al-Muwatta Hadith Hadith 43.15c
Retaliation in Injury
Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."
He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."
Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."
Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.
Sahih Al-Bukhari HadithHadith 1.112 Narrated byAbu Huraira
In the year of the Conquest of Mecca, the tribe of Khuza'a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers overpower the infidels of Mecca. Beware! (Mecca is a sanctuary.) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqatt (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."
*** Muhammad, on the day he conquered Mecca by unilaterally breaking his peace agreement with the Quraysh and upon entering it, he ordered the murder of several of his opponents and those who saterised him even though they were in the sanctury of the Ka'ba and holding to its curtain.
This act of his, was contrary to all the tradtions and norms of the Arabs but Muhammad conveniently excused these wanton acts of aggression and desecration by his usual and reliable use of the very conveniently descended 'revelations' from Allah excusing and sanctifying his dastardly deeds ***
Sahih Al-Bukhari HadithHadith 3.866 Narrated byAnas
Ar-Rabi, the daughter of An-Nadr broke the tooth of a girl, and the relatives of Ar-Rabi' requested the girl's relatives to accept the Irsh (compensation for wounds etc.) and forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr asked, "O Allah's Apostle! Will the tooth of Ar-Rabi' be broken? No, by Him Who has sent you with the truth, her tooth will not be broken." The Prophet said, "O Anas! Allah's law ordains retaliation." Later the relatives of the girl agreed and forgave her. The Prophet said, "There are some of Allah's slaves who, if they take an oath by Allah, are responded to by Allah i.e. their oath is fulfilled). Anas added, "The people agreed and accepted the Irsh."
Sahih Al-Bukhari HadithHadith 9.19 Narrated byAbu Huraira
In the year of the Conquest of Mecca, the tribe of Khuza'a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-Islamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me. It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al-Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkhir."
Al-Tirmidhi HadithHadith 3477 Narrated byAbuShurayh al-Khuza'i
AbuShurayh heard Allah's Messenger (peace be upon him) say, "If a relative of anyone is killed, or if he suffers khabal, which means a wound, he may choose one of three things, but if he wants anything more you must restrain him. He may retaliate, or forgive, or receive compensation; but if he accepts one of these and afterwards asks something more, he will go to Hell for ever and ever."
Darimi transmitted it.
Al-Tirmidhi HadithHadith 3492 Narrated byAmr ibn Hazm al-Ansari
Allah's Messenger wrote to the people of the Yemen, and his letter contained the following:
"If anyone kills a believer wrongfully, he must suffer retaliation for what his hand has done unless the relatives of the victim are willing to do otherwise." It also said that a man might be killed in retaliation for a woman; that the compensation for a life was a hundred camels; that those who had gold should pay a thousand dinars; that for the complete cutting off of a nose the compensation of a hundred camels was to be paid; that full compensation was to be paid for the teeth, the lips, the testicles, the penis, the backbone and the eyes; that for one foot half the compensation was to be paid, for a wound in the head a third of the compensation, for a thrust which penetrate the body a third of the compensation, for a head wound which remove a bone fifteen camels, for each finger and toe ten camels, and for a tooth five camels.
Nasa'i and Darimi transmitted it.
Sunan of Abu-DawoodHadith 4348 Narrated byAbdullah Ibn Abbas
A blind man had a slave-mother who used to abuse the Prophet (peace be upon him) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (peace be upon him) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (peace be upon him) was informed about it. He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up. He sat before the Prophet (peace be upon him) and said: Apostle of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood.
*** The life of a woman who satirised Muhammad was as worthless as the life of a cockroach.
In general, from only the few samples above, one has to conclude that under Sharia laws, unlike under the Mosaic Laws, very little is merciful, compassionate or fair.
All of the Muhammadan laws are about pure and blind revenge with little consideration for jutice or reality ***
