Analogy

Murder of one person is considered to be the murder of whole humanity. As such it is an extreme case of crime. Punishment for the murderer is death penalty. However, he can escape the implementation of the penalty on payment of diyat’ money to the bereaved family provided he members of the family are agreeable and are prepared to pardon him. So much so that if the assassin is unable to pay diyat money it is paid out of state funds. Theft is comparatively a lesser crime which is penalized by amputation of the hand or the foot of the offender. Here is an occasion for the operation of ljtihad to come to the rescue of the offender. On the analogy of ‘diyat he could be let off or shown mercy if he is prepared to compensate the aggrieved party and its members are prepared to pardon him. Death penalty closes the chapter of the case for all times to come hut amputation of limbs proves to be a much harsher punishment than death. It becomes a matter of lingering tragedy. A person without hands and feet becomes a burden on his family the society and the state. He could be awarded the prescribed punishment but he may be shown mercy when he offers to make good the loss inflicted, repents and gives a solemn undertaking not commit the crime, ever in future.