An Eye for an Eye

Last night, a possibly innocent man was murdered. But not by someone strung out on crack or a drunk driver. No, Troy Davis was murdered by the State of Georgia, the ways of the American justice system.

In 1991, Troy Davis was convicted of murdering an off-duty police officer in 1989. He was sentenced to die, to be executed by lethal injection. Three times since that year he was set to die, only to have the process stopped. The fourth time, yesterday, the process could not be halted. While supporters of Davis and those who believed he was innocent called that his execution be stayed. Others insisted the huge cloud of doubt (with several of the original witnesses from the case recanting their testimonies or saying they said what they said under pressure from law enforcement services) meant the only choice was keeping him alive and delving into the case again.

The situation has brought about hot debate and discussion regarding the death penalty. Should the justice systems of states or countries be allowed to kill people for the crimes they committed?

What does Islamic law say about the death penalty? Is it permissible or is it sinful?

There is a verse in the Qur’an that defines what is allowable in such a situation: “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.’” The literal interpretation is obvious: if a man murders another man, than it would be permissible to execute the murderer.

The Qur’an mentions the principle of ‘an eye-for-an-eye’ as being ordained for the Children of Israel. However, it never transmits the concept as if it applied to the current time. Some Islamic nations, Saudi Arabia and Iran for example, still use the principle in accordance with the Mosaic Law.

This particular fact is often something that serves as a lightning rod for anti-Muslim and Islamophobic comments. The ‘eye-for-an-eye’ justice system is often described as a justice system for the backward and barbaric societies. However, what just happened to Troy Davis? And this was done by the US, not by some Islamic country. Also, the concept can be found in the Bible, not just the Qur’an. Indeed, that’s where the principle began.

But while Shari’ah Law does allow execution in retaliation for murder, there are a couple important topics to look at first. For example, the second part of the Qur’anic verse above: “But if any one remits the retaliation by way charity, it is an act of atonement for himself. And if any fail to judge by the light of what Allah has revealed, they are no better than wrong-doers.” Thus, it is far, far better to forgive the murderer rather than calling for his/her death.

The second topic deals with doubt. In the case of Troy Davis, so much doubt surrounded his case and conviction. Some believed he was guilty, but many others were not at all convinced. As I mentioned, some of the original witnesses recanted or charged their testimonies, and even some of the jurors in the case said they had changed their minds. The Prophet Muhammad salallahu alayhi wassalam said, “Ward off punishment with doubt.” Obviously, if it was decided to take ‘an eye-for-an-eye,’ there would have to be complete certainty in the case. Otherwise, the life lost would be another innocent life and those responsible would pay dearly in the afterlife.

Ultimately, the Islamic perspective on execution is rather straightforward: some scholars say it’s allowable, while others say it isn’t in modern times. But for those who say it’s allowable cannot deny how much more beneficial it is to forgive someone rather than condemn them to death. The Prophet salallahu alayhi wassalam once said, “Allah will not be merciful to those who are not merciful to people.”