Avenger of Blood in Islam
Definition
In Islamic law (Sharīʿa), the “Avenger of Blood” refers to the right of the next of kin of a murder victim to seek retaliation or compensation. This concept is similar to certain laws found in the Jewish tradition, where the avenger was also a close relative of the deceased. The term relates to the principles of Qiṣāṣ (قِصَاص), which means “retaliation” or “retribution.”
Etymology
- English: Avenger of Blood
- Arabic: ثَأرِ الدَّم (Thār ad-Damm)
- Turkish: Kan Gütme
Islamic Law and Qiṣāṣ (Retaliation)
In the context of Islamic jurisprudence, Qiṣāṣ is one of the types of punishments described in the Qur’an for crimes involving bodily harm or murder. Qiṣāṣ means “equality in punishment” and provides that the punishment should be equivalent to the crime committed.
Qur’anic Reference: Qur’an, Sūrah al-Baqarah (2:178):
<p>“O believers! Retaliation (Qiṣāṣ) for blood-shedding is prescribed to you: the free man for the free, and the slave for the slave, and the woman for the woman; but he to whom his brother shall make any remission is to be dealt with equitably; and a payment should be made to him with liberality. This is a relaxation (i.e., of the stricter lex talionis) from your Lord, and a mercy.”</p>
Differences Between Islamic and Jewish Law
While both Islamic law and Jewish law permit an avenger of blood, there are notable differences in how this right is exercised:
- Jewish Law: The avenger of blood is compelled to take the life of the murderer.
- Islamic Law: The next of kin, or wali (وَلِيّ) of the victim, has the option to either demand the life of the murderer through Qiṣāṣ or accept Diya (دِيَة), which is financial compensation.
Option for Compensation (Diya)
In Islamic law, the concept of Diya provides a form of leniency and mercy. It allows the nearest relative of the victim to accept monetary compensation instead of exacting retaliation. This serves as a progressive approach, emphasizing reconciliation and forgiveness where possible.
Takeaways and Conclusion
- Avenger of Blood: Refers to the next of kin’s right to exact punishment or seek compensation for murder or bodily harm.
- Qiṣāṣ: Retribution or equal punishment, fundamental in both Islamic and Jewish laws but applied with distinct differences.
- Diya: Monetary compensation as an alternative to retaliation, showcasing the elements of mercy and forgiveness in Islamic jurisprudence.
Suggested Books for Further Studies
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “Shari’a: Theory, Practice, Transformations” by Wael B. Hallaq
- “The Spirit of Islamic Law” by Bernard G. Weiss
- “Studies in Talmudic Logic and Methodology” by Paul Feinstein
Understanding the principles surrounding the “Avenger of Blood” reflects deeper into the philosophies that govern not just legal actions but ethical and moral decisions within the Islamic faith.
