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The Death Penalty under Hammurabi

Updated: Nov 26, 2020

Alhena Alibhai (Dubai)

 

One of the earliest established death penalty can be seen in the Code of King Hammurabi of Babylon. King Hammurabi reigned from 1792 to 1750 B.C. and his code of laws was a collection of 282 rules, prescribing the death penalty for 25 different offenses.


One of these offenses is the notorious “eye for an eye” or the law of retribution. Found in many holy books, this law suggests that one must face the same penalty of the crime he committed. Hence, if one were to break another’s arm, his arm should be broken, likewise if one kills, he should be killed. This is one of the earliest seen offenses that constituted the death penalty, and is an offense that continues to be met with the death penalty in our modern day.


The death penalty was also ordered for incest, committing a robbery and conspiracy between lovers to kill their spouses. One rather unusual penalty was that if a man were to kill a pregnant slave, he would face a monetary fine whereas if a man killed a freed pregnant woman, his own daughter would be killed as retribution.


In addition to the death penalty, there are codes that have punishments such as the removal of ones hands, ears and tongue. If a son were to strike his father, his hand shall be hewn off. If a slave says to his master that he is not his master, his ear shall be cut off. If the son of a prostitute or paramour says to his adoptive mother or father “you are not my father, or my mother” - then his tongue shall be cut off.


Albeit the death penalty, and the Code of King Hammurabi being incredibly abhorrent to society, these laws promoted the unprecedented idea of innocent before guilty. On the other hand, they also encouraged a social hierarchy, promoting inequality within Babylonian society. Regardless, the Code of King Hammurabi presents an important understanding of the law in society, all the way back in the 18th century.

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