Understanding Qisas
What is Qisas?
Qisas (قصاص) is an Islamic jurisprudential term denoting the law of retribution or retaliation. Stemming from Arabic roots, it means “equality” or “justice,” often encapsulated in the principle of “an eye for an eye.” Qisas caters to crimes such as murder or bodily harm, allowing for equally measured retribution by the injured party or the family of the deceased. In essence, it aims to balance the scales of justice while discouraging excessive vengeance and maintaining social harmony.
Etymology
The word “Qisas” comes from the Arabic root word Q-S-S, signifying the act of following or pursuing something till its end, implying the pursuit of justice or recompense.
Background
The concept of Qisas is embedded in Islamic law (Sharia), grounded in teachings from the Qur’ān and Hadith. Specifically, the Qur’ān states:
“O you who have believed, prescribed for you is legal retribution (Qisas) for those murdered […] But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct.” (Surah Al-Baqarah [2:178])
Qisas represents Islamic justice’s dual nature: retributive justice — allowing the injured party retribution — and restorative justice — promoting forgiveness and reconciliation, often substituted with Diya (blood money).
Cultural Differences and Similarities
Different Islamic cultures interpret and implement Qisas variably. In some countries like Saudi Arabia, Qisas is implemented rigorously, while in others, like Pakistan, the scope of Qisas is narrowed down with significant room for negotiation and compensation.
Qisas shares similarities with other ancient codes, like the Code of Hammurabi, which also prescribes “an eye for an eye.” However, unlike other systems which might emphasize severe punishment, Qisas emphasizes proportional punishment and accountability while upholding mercy and forgiveness.
Synonyms and Related Terms
- Diya: Blood money; financial compensation to the family of the victim as an alternative to retaliation.
- Hudud: Crimes against God with fixed punishments.
- Tazir: Discretionary punishment for offenses not fixed by Sharia.
- ʿAfi: Forgiveness; pivotal in Qisas leading to mercy over vengeance.
Antonyms
- ʿAfi: While also related, ʿAfi stands as an opposite in action—favoring pardon over retaliation.
Interesting Facts
- Forgiveness over Retribution: Islamic jurisprudence highly encourages accepting Diya and forgiving, often regarded as an act of divine grace and elevated moral standing.
- Historical Context: Qisas laws were formalized during the early Islamic period to replace pre-Islamic tribal retaliation practices that often escalated violence and feuds.
Quotes
“The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah” (Qur’an 42:40).
References and Suggested Literature
Books
- Sharia Music, and Privacy: The Thought of ‘Itiztaq Driskell by Dr. Abbas Bibani
- Sharia Law in Modern Muslim Ethics by Dr. Fatima Hassan
- The Application of Islamic Punishments: Qisas and Diya by Prof. Khalid Atiyya
Articles
- “Qisas and the Ethics of Retaliation” in the Journal of Islamic Studies.
- “The Socio-Legal Implications of Qisas in Contemporary Islam” featured in Islamic Law Review.
Thought-Provoking Farewell
In understanding Qisas, it is pertinent to recognize that the path of retribution also weaves through the corridors of mercy and forgiveness, teaching us that justice is most profound when it balances accountabilities with compassion and understanding.
Zaynab Al-Malik, October 2023 -
May the pursuit of knowledge illuminate new pathways for justice, harmony, and grace in your journey. 🌟
