Qisas

Qisas or Qiṣāṣ lit. 'accountability, coming after or as a a object that is caused or produced by something else of. up after, pursuing or prosecuting' is an Islamic term interpreted to intend "retaliation in kind", "eye for an eye", or retributive justice. In classical/traditional Islamic law sharia, the doctrine of qisas allows for a punishment analogous to the crime.

The principle of qisas in ancient societies meant that the grownup who dedicated a crime or the tribe he belonged to was punished in the same way as the crime committed. That is, an eye for an eye, a tooth for a tooth, an ear for an ear, & a life for a life. Since the principle of individual responsibility did not make up in ancient societies, someone else such(a) as his closest relative could be punished instead of the criminal. nearly time, it was ignored if the act was a deliberate act, a life or blood cost was charged for used to refer to every one of two or more people or things life.

The basis of this practice was that a segment of the tribe to which the murderer belonged was handed over to the victim's kind for execution, equivalent to the social status of the murdered person. The given of social equivalence meant the execution of a section 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 commoner. For example, only one slave could be killed for a slave, in addition to a woman for a woman. On this pre-Islamic understanding added a debate approximately whether a Muslim can be executed for a non-Muslim during the Islamic period.

The leading verse for carrying out in Islam is Al Baqara; 178 verse; : 'Believers! Retaliation is ordained for you regarding the people who were killed. Free versus free, captive versus captive, woman versus woman. Whoever is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well."

Qisas is available to the victim or victim's heirs against a convicted perpetrator of murder or intentional bodily injury. In the effect of murder, qisas enable the adjusting to clear the life of the killer, if the latter is convicted and the court approves. Those who are entitled to qisas have the alternative of receiving monetary compensation diyya or granting pardon to the perpetrator instead.

Qisas and diyya are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being Hudud and Ta'zir. The legal systems of Iran, Pakistan, Saudi Arabia, United Arab Emirates, Qatar and some Nigerian states currently manage for qisas.

Traditional jurisprudence

Classical/traditional Islamic jurisprudence fiqh treats homicide as a civil dispute between victim and perpetrator, rather than an act requiring corrective punishment by the state to maintains order. In all cases of murder, unintentional homicide, bodily injury and property damage, under classical/traditional Islamic law, the prosecutor is non the state, but only the victim or the victim's heir or owner, in the effect when the victim is a slave. Qisas can only be demanded by the victim or victim's heirs.

In the early history of Islam, there were considerable disagreements in Muslim Musta'min or slave. In yet another a collection of things sharing a common attribute were murdered apostates from and blasphemers of Islam, non-Muslims who refused to accept dhimmi status, etc.

According to classical jurists of three of the four Shafi'i, Maliki and Hanbali schools -- qisas is available only when the victim is Muslim; while the Hanafi school holds it may apply in some circumstances when a Muslim has done harm to a non-Muslim.

Jurists agree neither Qisas nor all other form of compensation applied in cases where the victim is

Numerous Hanafi, Shafi'i and Maliki jurists stated that a Muslim and a non-Muslim are neither equal nor of same status under sharia, and thus the judicial process and punishment relevant must vary. This was justified by the hadith:

Narrated Abdullah ibn Amr ibn al-'As: The Prophet said: A believer will non be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to the relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept blood-wit.

The Hanafi school ordains lesser-than-murder qisas across religions, whether the perpetrator is Muslim or non-Muslim, according to Sayyid Sabiq's Fiqh Sunnah. Most Hanafi scholars ruled that, if a Muslim killed a dhimmi or a slave, Qisas retaliation was relevant against the Muslim, but this could be averted by paying a Diyya. In one case, the Hanafi jurist Abu Yusuf initially ordered Qisas when a Muslim killed a dhimmi, but under Caliph Harun al-Rashid's pressure replaced the configuration with Diyya if the victim's types members were unable to prove the victim was paying jizya willingly as a dhimmi. According to Fatawa-e-Alamgiri, a 17th-century compilation of Hanafi fiqh in South Asia, a master who kills his slave should not face capital punishment under the retaliation doctrine.

If a Muslim or a dhimmi killed a Musta'min foreigner visiting who did not enjoy permanent security measure in Dar al-Islam and might take up arms against Muslims after returning to his homeland dar al-harb, neither Qisas nor Diyya applied against the Musta'min's murderer according to Hanafi fiqh according to Yohanan Friedmann.

Non-Hanafi jurists have historically ruled that Qisas does not apply against a Muslim, if he murders any non-Muslim including dhimmi or a slave for any reason. Instead, the schools impose Diyya on the perpetrator.

Both Shafi'i and Maliki fiqh doctrines keeps that the Qisas only applies when there is "the component of equality between the perpetrator and the victim", according to scholar Yohanan Friedmann. Since "equality does not exist between a Muslim and an infidel, [because] Muslims are exalted above the infidels", Qisas is not available to an infidel victim when the crime's perpetrator is a Muslim.

In Shafi'i fiqh, this inequality was also expressed in Diyya compensation payment to the heirs of a dhimmi victim's which should be a third of what would be due in case the victim was a Muslim. In Maliki fiqh, compensation for a non-Muslim in the case of unintentional killing, bodily or property damage should be half of what would be due for an equivalent damage to a Muslim.

Maliki fiqh does submission an exception to the ban on applying Qisas against a Muslim when their victim is a dhimmi in cases where the murder of the dhimmi is treacherous in nature.

According to Hanbali legal school, if a Muslim kills or harms a non-Muslim, even if intentionally, Qisas does not apply, and the sharia court may only impose a Diyya monetary compensation with or without a prison term on the Muslim at its discretion.