Abstract
Western Penal theory of ‘Retribution’ is based upon the philosophy of proportional punishment for a crime. The research focuses on the practical application of a philosophical idea in the Islamic punishment of diyyah. The main findings are the perfect application of the element of retributive ‘proportionality’ in all diyyah laws. The proportionality proved to be the basic rule of diyyah punishment where the homicide along with the bodily harms are proportionally compensated with the principle amount of hundred camels, ten thousand silver dirhams or one thousand gold dinars keeping in view the utility or the number of body parts of that organ. The damage to entire body in the shape of death, complete damage to a sense, to an organ or its utility, is proportionally compensated with full diyyah however the organs having more than one part are compensated with the proportional amount to the number of that body part in human body which results in half diyyah for damage to one hand, leg, eye or eyebrow and quarter for each eyelid. In this way each organ, its utility or each sense is proportionally compensated with adequate and proportional diyyah amount.
Highlights
Western Penal theory of ‘Retribution’ is based upon the philosophy of proportional punishment for a crime
The proportionality proved to be the basic rule of diyyah punishment where the homicide along with the bodily harms are proportionally compensated with the principle amount of hundred camels, ten thousand silver dirhams or one thousand gold dinars keeping in view the utility or the number of body parts of that organ
Introduction: “The theory of Retribution, a famous theory in western penal philosophy, argues for the strict equality of punishment for a crime, relying upon the two basic penal goals of “desert” and “proportionality”, which are best applied by the Islamic penology in the punishment of Diyyah for both the homicide as well as assault, resulting in injury to a body part or its utility thereof, by proportionally compensating that particular damage with the principle amount of one hundred camels.” 2
Summary
Issue: http://al-idah.szic.pk/index.php/al-idah/index URL: http://al-idah.szic.pk/index.php/al-idah/article/view/667 Citation: Salman Farooq 2020. Bible: The second chapter of the Old Testament, ‘Exodus’, talks about the famous law of retaliation, usually known by its Latin name ‘lex-talionis’ It says; ‘And if any mischief follow, thou shalt give life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripe(.12)’ The Leviticus(13) and the Deuteronomy reproduces the same rules of proportionate punishment; ‘And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot(.14)’ The principle of ‘lex-talionis’ was affirmed by the Jesus Christ, in Biblical terms he suggested an alternative in the shape of conferring pardon to the guilty instead of ‘lex-talionis’. That is why this law has never been in practice in Christian states after Jesus
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