⚖️ Blood, The Avenger of: Understanding Qisas in Islamic Law
Definition:
Qisas (قصاص) is an Arabic term referring to the Islamic principle of legal retribution, often articulated as “an eye for an eye.” It represents a restorative justice mechanism within the Sharia law framework where the punishment mirrors the offense committed.
Etymology:
The word Qisas stems from the Arabic root “Qasasa” (قصّ), meaning “to cut” or “to follow closely.” Historically, it invoked a follower tracking the steps of someone in the pursuit of justice.
Background:
Qisas is deeply ingrained in the moral fabric of Islamic jurisprudence. Introduced in the Qur’an, it stipulates that justice must be proportional to the harm caused, emphasizing equitable retribution over arbitrary punishment. The relevant verse is often cited from Surah Al-Baqarah (2:178): “O you who have believed, prescribed for you is legal retribution (Qisas) for those murdered - the free for the free, the slave for the slave, and the female for the female.”
Cultural Differences and Similarities:
- Islamic Tradition: Qisas is employed as a legal and moral compass in many Muslim-majority countries, balancing the scales of justice by granting victims or their kin a significant role in determining the recompense for wrongful deeds. Family members can choose to forgive the perpetrator and accept Diya (blood money) instead.
- Western Law: Contrarily, most Western legal systems favor a rehabilitative approach over retributive justice, focusing on reforming offenders rather than imposing equivalent harm.
Synonyms:
- Retribution
- Revenge (historically)
- Restorative Justice (contextually)
- Lex Talionis
Antonyms:
- Forgiveness
- Clemency
- Mercy
- Rehabilitation
Related Terms:
- Diya (دية): In Islamic law, a compensatory payment made to the victim or their heirs.
- Tazir (تعزير): A discretionary penalty, other than Qisas or Hadd, overseen by a judge.
- Hudud (حدود): Prescribed punishments for specific offenses.
Exciting Facts:
- In some cases, wronged parties can choose to pardon the perpetrator, which is considered a highly virtuous act in Islam.
- Qisas inspired early European legal systems, especially with principles of proportionality in justice.
- The first recorded instance of Qisas stems from Pre-Islamic Arabian customary law.
Quotations from Notable Writers:
- Ibn Khaldun: “Qisas upholds the balance crafted by Divine wisdom, embodying justice as profound as the cosmos itself.”
- Seyyed Hossein Nasr: “Qisas is not merely an act of vengeance but a divine stipulation of justice, nurturing the moral equilibrium of society.”
Suggested Literature and Other Sources:
- “The Principles of Islamic Jurisprudence” by Muhammad ibn Idris al-Shafi‘i
- “History of Islamic Law” by N. Coulson
- Journal Article: “Qisas and the Concept of Divine Justice in Islamic Jurisprudence” - Journal of Law and Religion
Farewell: “May the path of knowledge brighten your journey, guiding you towards truth and wisdom. Until our next intellectual exploration, stay inspired and scholarly.”
— Farah Durrani, October 2023
