Qasāmah (قسامة) - Definition, Etymology, and Legal Significance in Islam
Definition
Qasāmah (قسامة) refers to a specific legal procedure in Islamic law whereby an oath is taken to resolve cases of homicide where the perpetrator is unknown. It is enacted when an individual is found slain, and the identity of the murderer cannot be ascertained. The heirs of the deceased may demand satisfaction from the inhabitants of the district where the body was found. In response, fifty individuals from that district, chosen by the next of kin of the deceased, are required to swear an oath, stating: “I swear by God that I did not kill him, nor do I know the murderer.”
Etymology
The word Qasāmah (قسامة) is derived from the Arabic root “قسَم” (qasam), meaning “to swear” or “to take an oath.” The term directly translates to “taking an oath” in English, reflecting its crucial role within this legal protocol.
Arabic and Turkish Translations
- Arabic: قسامة (Qasāmah)
- Turkish: Kısame
Legal Significance
Qasāmah serves as a unique form of communal accountability in Islamic legal tradition. It is built on the principle that the collective honesty and oath of a community can uphold justice in cases where direct evidence or witnesses are lacking. This mechanism aims to balance the pursuit of justice with the prevention of wrongful punishment.
Historical and Theological Context
The concept of Qasāmah finds its precedent in the Mosaic Law, reinforcing its cross-religious significance. As indicated in the Book of Deuteronomy (21:1-9), a similar procedure is described for unsettled homicide cases within the Biblical tradition, showcasing an ancient legal principle shared by the Abrahamic faiths.
Modern Interpretation and Practice
In contemporary Islamic jurisprudence, the use of Qasāmah may differ according to legal schools and regional practices. While its application is rare in modern legal systems, understanding its foundation provides insight into the historical evolution of legal principles in Islamic law and its interfaith parallels.
Suggested Books for Further Studies
- “The Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Introduction to Islamic Law” by Joseph Schacht
- “Islamic Jurisprudence: An International Perspective” by Abdulrahman I. Doi
- “An Introduction to Islamic Law” by Wael B. Hallaq
Takeaways
- Definition and Purpose: Qasāmah is a procedural oath in Islamic law designed to address unresolved homicide cases.
- Legal and Religious Parallels: Similarities exist between Qasāmah in Islamic law and procedures in Mosaic Law.
- Community Responsibility: Emphasizes the importance of communal integrity and collective responsibility in administering justice.
Conclusion
Qasāmah represents a distinctive legal tradition in Islam focused on communal oaths to address unsolved murders. Its roots in both Islamic and Mosaic laws highlight the ethical importance of collective honesty and accountability. Although less common in modern practice, Qasāmah remains a significant historical element of Islamic jurisprudence, reflecting broader principles of justice across religious traditions.
