God Arises
Religion and Society
~ 420 ~
Legal experts everywhere are now coming back to
the view that punishment, to be effective, must be
severe. A man who knows that he risks a death
sentence if he kills someone, is less likely to
perpetrate this hideous crime than one who feels
that he is only going to be subjected to psychiatric
treatment. This was something which was
understood and accepted many centuries ago when
Islam prescribed the death sentence for willful
murder. Even greater was its realism in making it
permissible for the heirs, or next of kin of the
deceased person to forgive the murderer on the
acceptance of blood money. Although the death
penalty was meant to extirpate evil from the very
roots, it was recognized that measures had also to
be taken to prevent the destitution of the surviving
members of the deceased’s family. In special cases
the state has the right to raise a sufficient amount of
money as compensation.
Human perceptions had obviously been at fault in
determining which laws should remain inviolable.
To establish the inviolability of a law, there must be
proof of its permanent effectiveness and relevance.
No such proof can be offered by purely human
