⚖️ Understanding QISAS: The Islamic Law of Retribution and Compensation
Definition and Meaning
Qisas (Arabic: قصاص) refers to the Islamic principle of retribution in kind, or “an eye for an eye.” It is a legal concept rooted in Sharia (Islamic law), directly addressing the offenses of murder, voluntary and involuntary manslaughter, intentional physical injury, and sometimes unintentional physical injury. Specifically:
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For murder and intentional physical injury, the family of the victim can either insist on retribution (taking the life of the perpetrator or causing equivalent harm) or waive this right in exchange for monetary compensation known as diyya.
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For involuntary killing and unintentional physical injury, the main recourse is the payment of diyya.
The clan of the perpetrator usually bears the burden of compensation, and this compensation is subsequently distributed among the victim’s clan.
Etymology and Cultural Context
The term Qisas comes from the Arabic root “q-s-ṣ” (قصّ) which denotes “to exact” or “to punish by equal means.” This roots the concept deeply in traditional values of justice and equitable retribution found in pre-Islamic Arab custom, which the Prophet Muhammad reformed and codified within Islamic jurisprudence.
Qisas holds significant meaning within different Islamic legal schools and is observed with varying procedures and stipulations across different cultures within the Islamic world.
Historical Background
Qisas is inscribed in the primary religious texts of Islam, notably in the Qur’an and Hadith:
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Qur’an: “O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female…” (Qur’an, 2:178)
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Hadith: The Prophet Muhammad emphasized the importance of justice and qisas in many of his teachings and judgements.
Cultural Variations
Islamic communities worldwide manifest the principles of Qisas within their specific cultural contexts:
- Middle East: Traditional adherence to Qisas with prominence given to conciliatory measures and diyya.
- South Asia: Incorporation into national legal frameworks with potential statutory modifications.
- Africa: Diverse practices often merging traditional tribal laws with Islamic principles.
Synonyms and Related Terms
- Diyya: Compensation paid to the victim’s family.
- Had (plural Hudud): Fixed punishments for crimes in Islamic law.
- Ta’zir: Discretionary punishment that a judge may impose for offenses where fixed penalties have not been prescribed.
Antonyms
- Forgiveness (Afw): Within Islamic ethos, forgiveness (afw) is often emphasized over exact retribution.
Quotes from Notable Writers
“Its believers call it ‘an eye for an eye’, but its admonishment reveals an ethical depth where mercy often triumphs over cold, calculated vengeance.” – Sahar Noman, Islamic Legal Studies Scholar
Suggested Literature for Further Study
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee.
- “The Spirit of the Laws” by Montesquieu (for contextual legal philosophy contrasts).
- “Punishment in Islamic Law: A Comprehensive Study of the Theory and Aplication of Islamic Criminal Law” by Mohammad Hashim Kamali.
Inspirational Thought
As we delve into the principles of Qisas, let us always remember the profound emphasis on justice balanced with mercy and forgiveness that resonates throughout Islamic jurisprudence.
Remember, the noble aim of Islamic justice through Qisas is balanced by the profound virtues of compassion, equity, and universal fraternity.
Published by Ahmed Al-Rashid
