Appendix 37, Criminal Justice in Islam
Compensation paid by a murderer must be sufficient to deter others.“The compensation, however, must be sufficient to be a deterrent for others.”
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Strict equivalence must be observed in murder, so capital punishment cannot apply when a woman kills a man, a man kills a woman, or between slave and free.“The free for the free, the slave for the slave, and the female for the female” (2:178).“They refuse to accept the clear injunctions that strict equivalence must be observed—if a woman kills a man, or a man kills a woman, or a slave kills a free person, or a free person kills a slave, capital punishment cannot be applied.”
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The Quran definitely discourages capital punishment for murder and prefers that the murderer compensate the victim's family.“In dealing with murder, the Quran definitely discourages capital punishment (2:179).”“The Quran prefers that the murderer compensate the victim’s family. Killing the murderer does not bring the victim back, nor does the family of the victim benefit from executing the murderer.”
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