Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/163

 142 his property goes to those of his heirs who still remain Musulmáns (vide the "Al Sirajiyah").

2. Tʾazír is that punishment which is said to have been ordained of God, but of which there are not special injunctions, the exact punishment being left to the discretion of the Qází, or Judge.

3. Qisás (lit. "retaliation") is that punishment which can be remitted by the person offended against, upon the payment of a fine or compensation. The punishment for murder is of this class. The next akin to the murdered person can either take the life of his kinsman's murderer, or accept a money compensation (Díat). There is also retaliation in case of wounds. Qisás is the lex talionis of Moses, "eve for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe" (vide Exodus xxi. 24). But in allowing a money compensation for murder, Muhammad departed from the Jewish code.