bbmi3102retaliation (al-qisas)

8/8/2019 BBMI3102Retaliation (al-Qisas)

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Retaliation (al-Qisas):

Homicide and Injuries


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The understanding of retaliation or Qisas()

Shariah`s view on Qisas

The classification of Qisas (Homicide andinjuries)

The classification of Homicide

Retaliation and blood-money () The condition for applying Qisas punishment

A related issues on the law of Qisas


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The word qisas is derived from an Arabic wordqassa, meaning `he cut` or he followed his tractin pursuit`.

It also means law of equitable retaliation for amurder already committed.

The murderer should receive same punishment

as he causes others with a horrible, hence hisown life should be taken just as he took the lifeof innocent person. The purpose of qisas is toprotect a lives.


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Surah al-Maidah (5:45) " We ordained thereinfor them: "Life for life, eye for eye, nose fornose, ear for ear, tooth for tooth, and wounds

equal for equal." But if any one remits theretaliation by way of charity, it is an act ofcompensation (expiation/)for himself. Andthose who don`t judge by (the light of) what

Allah has revealed, they are wrong-doers".


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Surah an-Nahl (16:126) "if you want to retaliate,retaliate to the same degree as the injury doneto you. But if you are patient, it is better to be

patient".


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The murderer must be mukallaf , sane and adult

The murderer is not among the victim family,e.g father kills son.

The killer and the victim are at the same status.E.g free = free, slave=slave.

the victim`s life is guaranteed under Shariah.

E.g, muslim, zimmi.


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Qisas

Homicide()

Intentionalkilling

unintentionalkilling

Doubtintentional

killing

Injuries


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According to Ibn Jauzy, "if homicide isestablished, then either :

(1) retaliation is due against the killer or

(2) compensatory payment due from him, andexpiation (kaffarah) and

(3) he may be due a discretionary

(ta`zir)punishment".


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Intentional killing: where the killer intends tokill the victim by striking with a sharpinstrument, arson (by fire), drowning or

sinking, poisoning or by any tool that normallycause to die.

For such case, the qisas punishment isobligatory.


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Unintentional killing: which is that the persondidn`t intent to kill nor to attack. Usually itoccurs by accident, for example when someone

hunts a rabbit and he shots the hunted rabbit,suddenly its bullet hit a human being.

Hence in this case, no retaliation punishmentcan be applied. But a compensatory payment(diyyat) is required, and that is aql (can be paidby his family).


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Doubt or quasi intentional killing: it canhappens when someone intends to attack onlybut didn`t mean to kill. But such action causes

to die. As for above case there is two opinions:

First, according to Maliki school, the qisas

punishment is imposed on the murderer. Second, the qisas punishment can`t be imposed

on that person, it considers as a killing withoutintention. Diyyah is required.


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Surah an-Nisa (5:95)"a believer should neverkill another believer unless it is by mistake.Anyone who kill a believer by mistake, hence

he should: (1) free a mu`min slave and

(2) pay blood-money to victim`s family unless

they forgo it as sad

aqah".

Two types of diyyah:(1)easy diyyah,100 camels(2) heavy diyyah, 100 camels.


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Qisas against a group for the killing of asingle person, there is differentopinions as follow:

First: if a group kills a person, then themurderer who directly causes to thedeath (e.g, he uses a killing`s tool) is

punishable by qisas, while others arenot.

Second: according to Umar al-Khattab,

all group is punishable by qisas.


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Qisas against a Muslim for killing a non-Muslim

Qisas against a father for killing his son


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One forfeits one`s right to life in the followingsituation:

1. Qisas: it applied against someone who killed

someone else intentionally.

2. Hadd forzina: it applied against a marriedperson who commits adultery.

3. Hirabah: those who commits highway robbery.4. Fasad fil ard: capital punishment for who plot

to takeover or rebel against Islamicgovernance.

5. Jihad: against the enemies of Islam.

bbmi3102retaliation (al-qisas)

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