Back قصاص (إسلام) Arabic Qisas Azerbaijani قیصاص AZB Ҡысас Bashkir قیساس CKB Kisás Czech Qisās German Qısas DIQ Qisas Spanish قصاص Persian
| Part of a series on |
| Islamic jurisprudence (fiqh) |
|---|
 |
| Islamic studies |
Qisas or Qiṣāṣ (Arabic: قِصَاص, romanized: Qiṣāṣ, lit. 'accountability, following up after, pursuing or prosecuting') is an Islamic term interpreted to mean "retaliation in kind",[1][2] "eye for an eye", or retributive justice. Qisas and diyya applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being Hudud and Ta'zir.[3]
In ancient societies, the principle of retaliation meant that the person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies,[4][5] someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it was ignored whether the act was intentional or not, and a price of life or blood was charged for each life.
Qisas was a practice used as a resolution tool in inter-tribal conflicts in pre-Islamic Arabian society. The basis of this practice was that a member of the tribe to which the murderer belonged was handed over to the victim's family for execution, equivalent to the social status of the murdered person.[6] The condition of social equivalence meant the execution of a member of the murderer's tribe who was equivalent to the murdered, in that the murdered person was male or female, slave or free, elite or commonplace. For example, only one slave can be killed for a slave, and a woman can be killed for a woman. On this pre-islamic understandings the discussion whether a Muslim could be executed for a non-Muslim was added in Islamic period.
The legal systems of Afghanistan,[7] Iran, Pakistan, Saudi Arabia, the United Arab Emirates, Qatar, and the northern states of Nigeria currently apply qisas.
- ^ Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, ISBN 978-0892591428
- ^ Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370-372
- ^ Asghar Schirazi (1997), The Constitution of Iran : politics and the state in the Islamic Republic, I.B. Tauris London, pp. 222-225
- ^ it is the case that in ancient times, collective responsibility was a common practice, as exemplified by retaliation of victims and their sympathizers against an offender’s family or community https://www.researchgate.net/publication/337068065_Individual_Versus_Collective_Responsibility_It_Takes_a_Village
- ^ Next Levmore turns to strategic threats in the Bible and one section of the Laws of Hammurabi. He examines the stories of Solomon, Joshua, Jonah, and Adam and Eve, looking for hints of overextraction. Levmore posits that a sensible strategy for uncovering wrongdoers is to threaten to punish a group that contains the wrongdoer so severely that even the wrongdoer has an incentive to confess, thus sparing himself an even worse fate. https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3012&context=cklawreview
- ^ "Conflict and Conflict Resolution in the pre-Islamic Arab Society | SADIK KIRAZLI | download". Archived from the original on 2022-01-29. Retrieved 2022-01-31.
- ^ "Islamic Emirate Committed to Implementation of Qisas: Deputy Supreme Judge". TOLOnews. Retrieved 2023-09-01.