it applies both to individual wrong done by one person to another and to offences of a less particular nature: offences against society. Similar instructions as to the punishment of offenders are given elsewhere in the Holy Qur’ān: “And if you take your turn (‘āqabt-um), then punish (‘āqibū) with the like of that with which you were afflicted. But if you show patience, it is certainly best for the patient” (16:126); “And whoever retaliates (‘āqaba) with the like of that with which he is afflicted (‘ūqiba) and he is oppressed, Allāh will certainly help him” (22:60); “Whoever acts aggressively (i‘tadā) against you, inflict injury (i‘tadū) on him according to the injury he has afflicted on you” (2:194).
While in the verses quoted above and similar other verses, a golden rule is laid down for the individual wronged, that he should in the first instance forgive the offender provided the latter amends by forgiveness, the basis also is ordained of penal laws in general for the protection of society, and that basis, according to all these verses, is that the punishment of evil should be proportionate thereto. Every civilized code of penal laws is based on that principle, and by enunciating this general rule, ample scope is given to Muslim peoples and states to formulate their own penal laws. It is for this reason that the Holy Qur’ān does not go into many details, and speaks of punishment only in cases of the most glaring offences against person and property. It should be further noted that the Holy Qur’ān generally adopts the same word for punishment as for the crime. Thus in 42:40, both evil and its punishment are called sayyi‘ah (evil): in 16:126 and 22:60, it is a derivative of ‘uqūbah (punishment); and in 2:194, it is i‘tidā’ (aggression). The adoption of the same word evil for the crime and its punishment indicates that punishment itself, though justified by the circumstances, is a necessary evil.
Undoubtedly the greatest crime known to society is taking away of the life of another man (qatl). It is a crime denounced in the earliest revelations: “And kill not the soul which Allāh has forbidden except for a just cause” (17:33; 6:151).”And they who … slay not the soul which Allāh has forbidden except in the cause of justice … and he who does this shall meet a requital of sin — The chastisement shall be doubled