Qisas comes from the Arabic word “qasas” which means to equalize. Qisas in Islam directs to retaliation for homicides and violent acts such as physical assault, manslaughter, and murder. In Islamic law, Qisas is a structure of damnation that allows the victim or their family to demand punishment for a crime committed against them.
The Idea of Qisas is based on the Quranic verse, “And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment)” (2:179). Justice for the victim and their family is served by applying this principle.
Qisas In Islamic Law
According to Qisas, an offender should be punished in a similar manner and degree as the harm he’s caused. This idea is willful to provide justice and prevent conflict and blood feuds. It’s necessary to provide clear and reliable evidence to prove the crime beyond doubt before applying Qisas.
Moreover, the punishment must be proportional to the harm caused, and the offender must be given a fair trial and a chance to defend himself. However, Islam sets certain conditions and limitations for seeking revenge.
For Example, The Prophet Muhammad (PBUH) taught that it’s better to forgive and seek to reunite (if possible) and that vengeance shouldn’t be executed in a way that causes more harm than the actual wrong.
Conditions for Qisas in Islam
Qisas can only be carried out under particular conditions outlined in Islamic law. The 3 main conditions for Qisas in Islam are given below:
Forms of Punishment of Qisas in Islamic Law
Several forms of punishment exist in Qisas, including Hadud, Ta’zir, and Diyya. Hadud punishments are crucial damnation authorized by the Quran and the Sunnah.
These retributions are considered mandatory and fixed for certain crimes. The crimes and their punishment are as follows:
Theft: The act of severing the hand of a thief as a penalty.
- A penalty of 80 lashes.
Adultery: Death penalty through stoning.
- Death warrant.
Ta’zir is a voluntary punishment given by the ruler or the judge. This crime is not fixed and is left to the judge’s preference. The crimes and their punishment are as follows:
- Punishment can extend from confinement to lashing or fines, depending on the seriousness of the crime.
- Punishment can extend from imprisonment to cutting off hands or fines, depending on the seriousness of the crime.
- Punishment for murder in Islam can extend from imprisonment to a death warrant, depending on the seriousness of the crime.
Qisas and Diyat in Islam
Diyya has occasionally named blood money because it’s paid to compensate for the loss of life or abuse caused by the crime. Diyya is a substitute for revenge under Qisas. The victim or the victim’s relatives can accept Diyya instead of revenge, which may include critical punishment for the offender.
The amount of Diyya is set by the court and is based on the hardness of the crime and the pain caused to the sufferer or their relatives. The crimes and their punishment are as follows:
- Violence: The amount of Diyya has been decided by the court and is set on the seriousness of the pain inflicted on the sufferer.
- Murder: The amount of Diyya has been decided by the court and is set on the worth of the victim’s life. It’s based on features such as social status, age, and gender.
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Importance of Equal Punishment of Qisas in Islam
- The idea of equal punishment (Qisas) in Islam tells the significance of justice and equality in the community. It ensures that people are treated equitably and that crimes are penalized proportionally.
- The purpose of equal punishment in Islam is to restore the balance interrupted by committing a crime. It ensures that the victim or the victim’s relatives receive equity by providing them satisfaction, knowing that the criminal has been held responsible for the same act as the harm imposed upon them.
- Equal punishment deters potential offenders. People may think twice about committing a crime if they know they will face the same penalty regardless of their social status or influence. So, society remains lawful and orderly as a result of this.
- Strengthening Social Cohesion: If all people experience the same punishment for crimes despite their backgrounds, it stimulates social cohesion and a sense of belongings among residents. It promotes a legal system that supports equality before the law and helps to reduce the notion of injustice and inequity.
- Respecting Human Rights: The victim and the offender are guaranteed their human rights by equal punishment, ensuring justice. Responding to an offender in a comparative and balanced manner is critical to prevent immoderate lenity, as it defends the dignity of all involved.
Is it legal for a Muslim to take revenge by killing someone who has murdered their family?
As with any other religion, Islam doesn’t validate or support measures that violate law and morality. From a legal opinion, taking retaliation by killing one, regardless of religious association, is considered a crime in the most control. Therefore, it isn’t allowed for a Muslim or anyone else to take the law into their own hands and commit a crime as revenge.
As Muslims, we believe that Qisas in Islam hold an essential place within the framework of equity and justice. The purpose of Qisas is to protect people from further harm. In this way, potential criminals are alerted that there are consequences for their measures.
It seeks to keep balance and equity within the community by justifying the virtue of the victim and the criminal. Discouraging criminal activities creates a safer society. Moreover, the accent on resolution and forgiveness promotes a culture of humanity and understanding.