✂️ The Concept of ‘Cutting Off a Nose’ in Islamic Law
Comprehensive Definition
In Islamic jurisprudence, “cutting off a nose” (Jaza’un man ma’d’a manfu ha, in Arabic: جزاء بعض من أن بيان فك هو) is an act that is punished with the principle of Qisas (i.e., retributive justice or “an eye for an eye”). Such penalties are part of Hudud, the punishments mandated by Allah (God) for certain severe crimes. In this context, the equivalent retaliation—‘a nose for a nose’—is considered a fitting recompense for causing such bodily harm.
Etymology
The term traces back to classical Arabic texts where “mā’ūf” means “nose” and “jizā’u” means “retribution or punishment”. The phrase epitomizes the rigorous approach to justice seen in early Islamic society.
Background
The historical implementation of this rule lies within the broader framework of Islamic jurisprudence that seeks to uphold social justice and moral order. The classic juridical reference is documented in the Hidāyah (vol. iv. p. 294), a seminal work of Islamic law by Burhan al-Din al-Farghani al-Marghinani.
Cultural Differences and Similarities
The concept of retributive justice is not unique to Islamic law. Analogous principles exist in various ancient Near Eastern codes like Hammurabi’s Code, as well as in the Biblical tradition (“an eye for an eye, tooth for a tooth” in Exodus 21:24). While modern legal systems often forgo such exacting measures, the underlying philosophy is about proportional justice.
Synonyms & Related Terms
- Qisas: Retributive justice, reciprocation in kind.
- Hudud: Prescribed punishments in Sharia law.
- Diya: Financial compensation payable to the victim or victim’s heirs.
Antonyms
- Afw: Forgiveness.
- Tawba: Repentance.
Related Terms with Definitions
- Tazir: Discretionary punishment by a judge for offenses that do not possess fixed punishments in Islamic law.
- Hadith: Sayings, actions, and approvals of Prophet Muhammad that provide guidance and context for Islamic jurisprudence.
Exciting Facts
- According to some Islamic scholars, there can be mediation and forgiveness in certain circumstances, wherein financial compensation (Diya) may replace physical retribution upon the agreement of all parties involved.
- Hudud penalties are considered to be deterrents rather than punitive, aimed at maintaining societal integrity and preventing future harm.
Quotations from Notable Writers
“Its [Islamic law’s] essence is rooted in justice, yet it balances severity with mercy to maintain societal order and individual rectification.” — Sheikh al-Islam Ibn Taymiyyah
References for Further Study
- Al-Muwatta of Imam Malik.
- Sahih al-Bukhari and Sahih Muslim.
- “Kitab al-Hudud” by Ibn Rushd.
Suggested Literature and Other Sources
- Shari’a: Theory, Practice, Transformations by Wael Hallaq.
- The Spirit of Islamic Law by Bernard G. Weiss.
- Islamic Concept of Crime and Justice by Mohammad Hashim Kamali.
Farewell thought: “Justice in Islam seeks to balance the scales of morality with a disposition of mercy. Our journey to understanding these principles enhances our sensitivity to universal ethics.”
Published by Abdullah Al-Zahra Date: October 5th, 2023
