⚖️ The Principle of Qisas: Justice in Islamic Jurisprudence
Comprehensive Definition
Qisas (قصاص) refers to the Islamic legal concept of retribution where the punishment mirrors the crime. Commonly interpreted as “retaliation” or “equitable retribution,” its goal is to maintain justice and societal balance by ensuring that the punishment for an offense, particularly those causing bodily harm or death, is proportionate.
Etymology
The term Qisas is derived from the Arabic root “ق-ص-ص” (qāf-ṣād-ṣād), which means to cut or to follow closely. In its juridical application, it implies exact retribution akin to “an eye for an eye”.
Background
Qisas is explicitly mentioned in the Quran and Hadith. It stands as a foundational concept of justice within Sharia (Islamic Law), particularly in dealing with violent crimes. For instance, Surah Al-Baqarah (2:178-179) states, “O you who have believed, prescribed for you is legal retribution (Qisas) for those murdered.”
Cultural Differences and Similarities
In Islamic Law, Qisas represents a structured means to address the profound human instinct for retaliation by channeling it into legal processes designed to ensure fairness and prevent blood feuds. This is analogous to historical legal principles found in other cultures, such as the Code of Hammurabi’s “an eye for an eye”. However, it fundamentally differs as it embeds opportunities for forgiveness and mercy—encouraging pardon as a virtue.
Synonyms
- Retaliation
- Retributive Justice
- Equitable Punishment
Antonyms
- Forgiveness (Afw)
- Pardon (Rahmah)
- Mercy (Raḥmah)
Related Terms with Definitions
- Diyya (دية): Financial compensation paid to the victim or their family in lieu of Qisas.
- Hudud (حدود): Fixed punishments prescribed by Islamic law for certain offenses.
- Sharia (شريعة): The moral and legal framework of Islam.
Exciting Facts
- There is often the possibility and encouragement for the victim’s family to forgive and forgo the right to retributive justice in exchange for compensation (Diyya), which underscores the merging of justice with mercy.
- Despite its stern posture, Qisas allows for considerable flexibility and compassion, promoting societal stability.
Quotations from Notable Writers
Imam Al-Ghazali states:
“True Qisas is not just retribution, but guiding the society towards atonement, balance, and ultimately forgiveness.”
References and Suggested Literature
- Esposito, John L. What Everyone Needs to Know about Islam. Oxford University Press.
- Al-Misri, Ahmad ibn Naqib. Reliance of the Traveller: Classic Manual of Islamic Sacred Law. Amal Press.
- Rahman, Fazlur. Islam and Modernity: Transformation of an Intellectual Tradition. University of Chicago Press.
Thought-Provoking Farewell
May we seek not just justice in the eyes of people, but compassion and forgiveness within the realm of our hearts.
