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77: THE RIGHT METHOD OF TREATING CRIMINALS 268 |
Answer.—There are two sorts of retributory punishments.
One is vengeance, the other, chastisement. Man
has not the right to take vengeance, but the community
has the right to punish the criminal; and this punishment
is intended to warn and to prevent so that no other person
will dare to commit a like crime. This punishment is for
the protection of man’s rights, but it is not vengeance;
vengeance appeases the anger of the heart by opposing one
evil to another. This is not allowable, for man has not the
right to take vengeance. But if criminals were entirely forgiven,
the order of the world would be upset. So punishment
is one of the essential necessities for the safety of
communities, but he who is oppressed by a transgressor
has not the right to take vengeance. On the contrary, he
should forgive and pardon, for this is worthy of the world
of man.
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The communities must punish the oppressor, the murderer,
the malefactor, so as to warn and restrain others
from committing like crimes. But the most essential thing
is that the people must be educated in such a way that no
crimes will be committed; for it is possible to educate the
masses so effectively that they will avoid and shrink from
perpetrating crimes, so that the crime itself will appear to
them as the greatest chastisement, the utmost condemnation
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and torment. Therefore, no crimes which require
punishment will be committed.
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For example, if someone oppresses, injures and wrongs
another, and the wronged man retaliates, this is vengeance
and is censurable. If the son of ‘Amr kills the son of Zayd,
Zayd has not the right to kill the son of ‘Amr; if he does so,
this is vengeance. If ‘Amr dishonors Zayd, the latter has
not the right to dishonor ‘Amr; if he does so, this is vengeance,
and it is very reprehensible. No, rather he must
return good for evil, and not only forgive, but also, if
possible, be of service to his oppressor. This conduct is
worthy of man: for what advantage does he gain by vengeance?
The two actions are equivalent; if one action is
reprehensible, both are reprehensible. The only difference
is that one was committed first, the other later.
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But the community has the right of defense and of self-protection;
moreover, the community has no hatred nor
animosity for the murderer: it imprisons or punishes him
merely for the protection and security of others. It is not
for the purpose of taking vengeance upon the murderer,
but for the purpose of inflicting a punishment by which
the community will be protected. If the community and
the inheritors of the murdered one were to forgive and return
good for evil, the cruel would be continually ill-treating
others, and assassinations would continually
occur. Vicious people, like wolves, would destroy the
sheep of God. The community has no ill-will and rancor
in the infliction of punishment, and it does not desire to
appease the anger of the heart; its purpose is by punishment
to protect others so that no atrocious actions may be
committed.
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Thus when Christ said: “Whosoever shall smite thee on
the right cheek, turn to him the left one also,”
1
it was for
the purpose of teaching men not to take personal revenge.
He did not mean that, if a wolf should fall upon a flock of
sheep and wish to destroy it, the wolf should be
encouraged to do so. No, if Christ had known that a wolf
had entered the fold and was about to destroy the sheep,
most certainly He would have prevented it.
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As forgiveness is one of the attributes of the Merciful
One, so also justice is one of the attributes of the Lord.
The tent of existence is upheld upon the pillar of justice
and not upon forgiveness. The continuance of mankind
depends upon justice and not upon forgiveness. So if, at
present, the law of pardon were practiced in all countries,
in a short time the world would be disordered, and the
foundations of human life would crumble. For example, if
the governments of Europe had not withstood the notorious
Attila, he would not have left a single living man.
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Some people are like bloodthirsty wolves: if they see no
punishment forthcoming, they will kill men merely for
pleasure and diversion. One of the tyrants of Persia killed
his tutor merely for the sake of making merry, for mere
fun and sport. The famous Mutavakkil, the Abbasid,
having summoned his ministers, councillors and functionaries
to his presence, let loose a box full of scorpions in
the assembly and forbade anyone to move. When the
scorpions stung those present, he burst forth into boisterous
laughter.
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To recapitulate: the constitution of the communities
depends upon justice, not upon forgiveness. Then what
Christ meant by forgiveness and pardon is not that, when
nations attack you, burn your homes, plunder your goods,
assault your wives, children and relatives, and violate
your honor, you should be submissive in the presence of
these tyrannical foes and allow them to perform all their
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cruelties and oppressions. No, the words of Christ refer to
the conduct of two individuals toward each other: if one
person assaults another, the injured one should forgive
him. But the communities must protect the rights of man.
So if someone assaults, injures, oppresses and wounds me,
I will offer no resistance, and I will forgive him. But if a
person wishes to assault Siyyid Manshadí,
2
certainly I
will prevent him. Although for the malefactor noninterference
is apparently a kindness, it would be an oppression
to Manshadí. If at this moment a wild Arab were to enter
this place with a drawn sword, wishing to assault, wound
and kill you, most assuredly I would prevent him. If I
abandoned you to the Arab, that would not be justice but
injustice. But if he injure me personally, I would forgive
him.
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One thing remains to be said: it is that the communities
are day and night occupied in making penal laws, and in
preparing and organizing instruments and means of
punishment. They build prisons, make chains and fetters,
arrange places of exile and banishment, and different
kinds of hardships and tortures, and think by these means
to discipline criminals, whereas, in reality, they are causing
destruction of morals and perversion of characters.
The community, on the contrary, ought day and night to
strive and endeavor with the utmost zeal and effort to accomplish
the education of men, to cause them day by day
to progress and to increase in science and knowledge, to
acquire virtues, to gain good morals and to avoid vices, so
that crimes may not occur. At the present time the contrary
prevails; the community is always thinking of enforcing
the penal laws, and of preparing means of punishment,
instruments of death and chastisement, places for
imprisonment and banishment; and they expect crimes to
be committed. This has a demoralizing effect.
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But if the community would endeavor to educate the
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masses, day by day knowledge and sciences would increase,
the understanding would be broadened, the sensibilities
developed, customs would become good, and
morals normal; in one word, in all these classes of perfections
there would be progress, and there would be fewer
crimes.
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It has been ascertained that among civilized peoples
crime is less frequent than among uncivilized—that is to
say, among those who have acquired the true civilization,
which is divine civilization—the civilization of those who
unite all the spiritual and material perfections. As ignorance
is the cause of crimes, the more knowledge and science
increases, the more crimes will diminish. Consider
how often murder occurs among the barbarians of Africa;
they even kill one another in order to eat each other’s flesh
and blood! Why do not such savageries occur in Switzerland?
The reason is evident: it is because education and
virtues prevent them.
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1. | Cf. Matt. 5:39. [ Back To Reference] |
2. | A Bahá’í sitting with us at table. [ Back To Reference] |