If Islamic Law was followed instead of the Modern Judicial System, the judgment in Salman Khan hit and run case would have been entirely different. He would have been freed and the victims had been duly compensated. Moreover, the judgment would of course have been pronounced much earlier.
The beauty of Islamic Judicial System is that, in contrast to the current international judicial system, it involves the victims or their heirs in process of deciding the quantum of punishment.
The responsibility of the court is to examine the charges, decide the nature of the crime and the involvement of the accused persons and then pronounce the Maximum Permissible Punishment available under the Islamic law.
Following that, it is the right of the victims or their heirs to either allow the maximum punishment or to reduce or pardon it, in return or not of an adequate compensation, to be decided through mutual understanding.
"Never should a Devotee (of Islam) kill another Devotee, except if it happens by mistake; and if anyone has committed a murder by mistake, he has to give freedom to a slave Devotee and give an adequate compensation to the family of the deceased." (4: 92)
Elsewhere the Quran says:
"If any relaxation is made by the brother of the victim, now follow the recognised method (of compensation), and pay him in gratefulness; this is a concession and favour from your Lord. After this (mandate), for anyone who crosses the limits, there will be a severe punishment."
This was clear from the beginning that Salman Khan did not murder intentionally. Under the Islamic Law, he would have been asked to pay compensation to the victims and the heirs of the victims. Of course, he would have been punished for drinking.
This would have helped the family of the dead in a significant way. As has been reported in the media, they are not interested in the punishment to Salman, they are interested in compensation.
The Islamic law is in accordance with natural demands of the people; the modern law is nothing but a compendium of technicalities, which neither reduces crimes in society, nor takes care of the victims.
The case should be the right lesson for Salman Khan. He should be in a better position to understand the beauty of Islam. He should now feel more inclined to give up his habit of drinking forever. He should understand that the real peace is in following the laws of God not refuting them.
[Dr Javed Jamil is India based thinker and writer with over a dozen books including his latest, “Quranic Paradigms of Sciences & Society” (First Vol: Health), “Muslims Most Civilised, Yet Not Enough” and “Muslim Vision of Secular India: Destination & Road-map”. Other works include “The Devil of Economic Fundamentalism”, “The Essence of the Divine Verses”, “The Killer Sex”, “Islam means Peace” and “Rediscovering the Universe”. He can be contacted at email@example.com or 91-8130340339. ]