“Now I am a captive. My body is chained in a dark, damp cell, and my soul imprisoned in the shadow of a deadly thought… I am condemned to die, condemned to die! This doom is my only companion, haunting me relentlessly. My entire being is frozen by the chilling weight of it, my body bent under the crushing, unbearable burden…”
(“The Last Day of a Condemned Man”, Victor Hugo)
written by Dr. Aziz Fouladvand
Amnesty and a Compassionate Reading
The philosophy of Qisas (retribution) in Qur’anic teachings is grounded in the respect for the “right to life” and the values of forgiveness and clemency (Surah Al-Baqarah, verses 178-179).[1] The ruling religious fascism deliberately ignores this compassionate outlook in order to pave the way for the imposition of the harshest forms of punishment. This viewpoint is based on a power-hungry and violent interpretation of Qur’anic verses. If the Qur’anic perspective were solely about vengeance and retribution, there would be no purpose in the references to forgiveness, kindness, and leniency in the above verses. Furthermore, human experience throughout history has shown that cruel punishments such as burning, dismemberment, decapitation, eye gouging, the brazen bull, the Spanish donkey, the crocodile chair, the Judas cradle, and others have been gradually abolished because these punishments were not effective deterrents to crime. Persisting in the brutal application of the death penalty means that we are regressing to methods that humanity has long since moved beyond.
The criterion of Qur’anic teachings is, in fact, the principle of sanctity. This means that anything whose harm outweighs its benefit is forbidden. For example, in the verse “And their sin is greater than their benefit” (Surah Al-Baqarah, 2:219)[2], the Qur’an points out that the harm of alcohol is greater than its benefit, and thus it is considered forbidden. Data and research show that the death penalty and corporal punishment only escalate the cycle of violence, and therefore, their harm to community safety and citizens’ mental health is undeniable. Moreover, based on Qur’anic teachings, a human life, by virtue of its dignity, must be respected and protected from harm: “And We have certainly honored the children of Adam” (Surah Al-Isra, 17:70)[3]. Therefore, in this view, the killing of an innocent person is considered a crime against humanity (Surah Al-Ma’idah, 5:32).[4] To live and to honor life entails a continuous accountability to those with whom we share existence and collective experiences. Advocates of the death penalty, through the act of imposing and executing death sentences, fundamentally violate the inherent dignity and sanctity of human life.
[1] 178- O believers! ˹The law of˺ retaliation is set for you in cases of murder—a free man for a free man, a slave for a slave, and a female for a female. But if the offender is pardoned by the victim’s guardian, then blood-money should be decided fairly and payment should be made courteously. This is a concession and a mercy from your Lord. But whoever transgresses after that will suffer a painful punishment.
179- There is ˹security of˺ life for you in ˹the law of˺ retaliation, O people of reason, so that you may become mindful ˹of Allah˺
[2] They ask you ˹O Prophet˺ about intoxicants and gambling. Say, “There is great evil in both, as well as some benefit for people—but the evil outweighs the benefit.”1 They ˹also˺ ask you ˹O Prophet˺ what they should donate. Say, “Whatever you can spare.” This is how Allah makes His revelations clear to you ˹believers˺, so perhaps you may reflect
[3] Indeed, We have dignified the children of Adam, carried them on land and sea, granted them good and lawful provisions, and privileged them far above many of Our creatures.
[4] That is why We ordained for the Children of Israel that whoever takes a life—unless as a punishment for murder or mischief in the land—it will be as if they killed all of humanity; and whoever saves a life, it will be as if they saved all of humanity…
