The talion law is the name of a principle that indicates that when a person inflicts damage on another, he must receive exactly the same damage that he has caused. The etymological origin of "talión" is found in a word from the Latin language, which is talis or tale y means "identical". It is popularly known as "An eye for an eye, a tooth for a tooth" since that phrase appears written in the Bible..
This law was implemented in ancient societies to regulate revenge. In this way, the injured party was given a limit on the damage that could be done to the one who had acted against him..
Currently, the use of the talion law does not apply in the Western world. However, it is in force in some Islamic countries..
In Mexico and Venezuela it is also known by the name of retaliation, which according to the Dictionary of the Royal Spanish Academy is equivalent to the word "retaliation".
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It is known as the law of the talion, but it is also popularly called "An eye for an eye, a tooth for a tooth." The first name derives from the Latin word "lex talionis".
In the Roman principles of jurisprudence this term was coined to refer to a punishment proportional to the damage committed by an individual, although its antecedents can be traced back to Babylon.
The law of Talion is mentioned in Table VIII of the Law of the XII Tables. It was related to criminal offenses. It was applied when someone inflicted physical harm on another; then, he was condemned to suffer the same thing he had done.
Despite this, in the Principles of Roman Law, which were written in later centuries, the application of the talion law disappeared. This modality fell into disuse because it was not practical for society.
The application of the law of retaliation can be found in the Hammurabi Code, which was written in the 18th century BC, in the time of King Hammurabi, from whom it takes its name. There it is stated, in addition to reciprocity in the penalty, that there must be the presumption of innocence.
The Babylonian king considered it prudent to establish the legal order to please one of his gods. Then, all the information was compiled in documents written in popular language, so that it could be understood by everyone who could read..
In that text equivalences were established between crimes and punishments, for example when someone carried out physical damage they received an equal one, but also when an individual committed a robbery, their hands had to be cut off as compensation.
The laws of the people of Israel were collected in the Torah, which translates as "the law", a text that was written during the millennium preceding the birth of Christ. They are known by the name of Mosaic Law; there are established the principles of the law of retaliation on several occasions.
Exodus 21: 23-25
But if the woman's life is endangered, life for life will be required, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, blow for blow.
Leviticus 24: 18-20
Whoever kills a head of cattle will have to replace it: animal by animal. Whoever causes harm to one of his people will have to suffer the same harm that he did: fracture for fracture, an eye for an eye, a tooth for a tooth; he will have to suffer in his own flesh the same damage that he has caused.
Deuteronomy 19:21
Have no compassion: come alive for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
Then the talión law became an economic compensation that was canceled to the injured party and that had to be paid by whoever committed the crime..
From Sermon on the Mount, the use of the talion law for Christians fell into disuse, since Jesus stated:
You have heard that it was said: "An eye for an eye and a tooth for a tooth." But I tell them: Do not resist the one who does you harm; On the contrary, if someone hits you on the right cheek, offer them the other as well..
If someone sues you and wants to remove your shirt, let them take your cape as well. If they force you to carry cargo one mile, carry it two. To anyone who asks you for something, give it to him; and do not turn your back on the one who asks you to borrow.
In the 21st century, some countries continue to apply the law of retaliation, since it is established as one of the Islamic precepts of the Sharia. The name given to this principle in the Koran It's of Qisas:
"Oh, believers! The law of retaliation has been established for you in case of murder: the free for the free, the slave for the slave, whether they are men or women..
Whoever is pardoned the death penalty by decision of the direct relatives of the victim, who is adequately thanked and who pays the corresponding compensation within the established period.
This is a relief from your Lord and a mercy. But whoever transgresses after accepting compensation [trying to take revenge on the murderer] will have a painful punishment ".
Currently, the application of this law has sparked controversy, as in the case of the Iranian woman who was attacked with acid in 2009 and decided to forgive her attacker..
However, in some countries that follow the Islamic religion, the practice of all the precepts of the Sharia is widely preferred by its population.
There have been deep debates about the compatibility of the application of religious laws with democracy, women's rights, thought, religion or sexual identity.
Currently, the law of retaliation is applied in several countries in which religion and state are closely related, as is the case of the following nations:
- Iran
- Pakistan
- Nigeria
- Saudi Arabia
- Kenya
-Afghanistan
- Taste
- Arab Emirates
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