ch9.qxp
12/8/2007
1:00 PM
Page 185
Sharʑah and the principle of legality 185 addressed to all parties in judicial disputes, including the law enforcement authorities and the state: Whoever is aggressive toward you, then your response must be proportionate to the aggression that was inflicted on you. (2:194)
.˸ϢϜ˵ ˸ϴϠ˴ϋ ˴ ϯ˴ΪΘ˴ ˸ϋ Ύ˴ϣ Ϟ ˶ ˸ΜϤ˶ Α˶ Ϫ˶ ˸ϴϠ˴ϋ ˴ ˸ϭ˵ΪΘ˴ ˸ϋΎ˴ϓ ˸ϢϜ˵ ˸ϴϠ˴ϋ ˴ ϯ˴ΪΘ˴ ϋ ˸ Ϧ ˶ Ϥ˴ ϓ˴ The Qur’Én further lays down the principle that no one may be accused or punished for an offence committed by another person: Everyone is accountable for his own deeds, and no soul shall bear the burden of another. (6:164)26
.ϯ˴ή˸Χ˵ έ˴ ˸ίϭ˶ Γ˲ έ˴ ί˶ ˴ϭ έ˵ ΰ˶ Η˴ ϻ ˴ ϭ˴ Ύ˴Ϭ˸ϴϠ˴ϋ ˴ ϻ ͉ ·˶ β ˳ ˸ϔϧ˴ ͊Ϟϛ˵ ΐ ˵ δ ˶ ˸ϜΗ˴ ϻ ˴ ϭ˴ The Qur’Én, addressing the Prophet, lays down: We revealed to you the scripture with the truth that you may judge between people by that which God has shown to you, and do not be a pleader for the treacherous. (4:105)
Ϧ˵ϜΗ˴ ϻ ˴ ϭ˴ Ϫ˵ Ϡ˷ϟ ϙ ˴ ˴έ˴ Ύ˴ϤΑ˶ α ˶ Ύ͉Ϩϟ Ϧ ˴ ˸ϴΑ˴ Ϣ˴ Ϝ˵ ˸ΤΘ˴ ϟ˶ ϖ ͋Τ ˴ ˸ϟΎ˶Α Ώ ˴ Ύ˴ΘϜ˶ ˸ϟ Ϛ ˴ ˸ϴϟ˴·˶ Ύ˴Ϩ˸ϟΰ˴ ϧ˴ Ύ͉ϧ·˶ .Ύ˱Ϥϴ˶μΧ ˴ Ϧ ˴ ϴ˶Ϩ˶ ˴Ψ˸Ϡϟ͋ This verse was revealed concerning a dispute between a Muslim and a Jew. In this case the Muslim, Öu‘mah ibn Ubayraq, had stolen a coat of mail. He hid it in the house of a Jew and later accused the latter of theft. He was supported in his false accusation by his tribe. The Prophet cleared the Jew of the charge but Ibn Ubayraq fled and renounced Islam. The following two verses were also revealed concerning the same case: Whoever commits a sin only makes himself liable for it . . . and whoever commits a delinquency and then throws the blame thereof upon the innocent, he has burdened himself with falsehood and a flagrant crime. (4:111–12)27
Ύ˱Ϥ˸Λ·˶ ˸ϭ˴ ˱Δ˴Όϴ˶τ˴Χ ΐ ˸ δ ˶ ˸Ϝ˴ϳ Ϧ˴ϣ˴ϭ...Ϫ˶ δ ˶ ˸ϔ˴ϧ ϰ˴Ϡ˴ϋ Ϫ˵ Β˵ δ ˶ ˸Ϝ˴ϳ Ύ˴Ϥϧ͉ Έ˶˴ϓ Ύ˱Ϥ˸Λ·˶ ΐ ˸ δ ˶ ˸Ϝ˴ϳ Ϧ˴ϣ˴ϭ .Ύ˱Ϩϴ˶Βϣ͊ Ύ˱Ϥ˸Λ·˶ϭ ˴ Ύ˱ϧΎ˴Θ˸ϬΑ˵ ˴Ϟ˴Ϥ˴Θ˸Σ Ϊ˶ ˴Ϙ˴ϓ Ύ˱Όϳ˶ήΑ˴ Ϫ˶ Α˶ ϡ˶ ˸ή˴ϳ ͉ϢΛ˵ This Qur’Énic principle marked a departure from the ancient Arab tendency to go to excesses in retaliation and revenge. The Arabs sometimes doubled the penalty or claimed more than one life in retaliation. They were also wont to demand exaggerated sums as diyah