Qisās (قود) - Definition and Significance in Islam
Definition and Translation
Qisās (قود) is an Arabic term translated as “retaliation” or “retribution.” It is often equated with the principle of lex talionis, the law of retaliation, where the punishment mirrors the offense. In a legal context, Qisās is prominently applied to cases of murder and bodily harm, ensuring that justice is served through equivalent retribution.
Arabic and Turkish Translations
- Arabic: قود
- Turkish: Kısas
Etymology
The term Qisās is derived from the root qāf wād dāl (ق و د), which relates to the concept of following or seeking. This reflects the principle of seeking justice and following the path to a balanced retributive system.
Methodology and Application
In Islamic Law
Qisās is a fundamental element in Islamic criminal jurisprudence. It aims to provide justice by attributing an equivalent punishment to the perpetrator of a crime. Quranic verses that outline the principle of Qisās include:
- Surah Al-Baqarah (2:178): “O you who have believed, prescribed for you is legal retribution (Qisās) for those murdered…”
- Surah Al-Ma’idah (5:45): “And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds, legal retribution…”
Key Principles
- Equivalence: The punishment must equal the offense (e.g., a life for a life).
- Intent and Circumstances: Assess the intention behind the offense and the context.
- Permission from the Victim’s Family: In many cases, the victim’s family must agree to the Qisās punishment or can choose to forgive the offender, potentially in exchange for financial compensation (Diya).
Ethical and Theological Considerations
Qisās also aligns with Islamic ethics by emphasizing mercy and forgiveness. While retributive justice is sanctioned, the Qur’an advises believers to forgive and accept compensation, providing a balance between justice and compassion.
Suggested Books for Further Studies
- “Islamic Jurisprudence” by Abbas Amanat
- “Shari’a: Theory, Practice, Transformations” by Wael B. Hallaq
- “The Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Islamic Law: Historical Foundations and Modern Practice” by C.G. Weeramantry
Takeaways
- Qisās as Retributive Justice: Qisās serves the crucial role of delivering justice in a manner that mirrors the offense, fostering a sense of balance and order.
- Emphasis on Forgiveness: Islam also encourages forgiveness and monetary compensation, underlining moral flexibility and empathy.
- Legal and Ethical Framework: The implementation of Qisās is intricate involving a legal and ethical framework ensuring justice is appropriate and fair.
Conclusion
Qisās underscores the Islamic approach to justice through measured and equivalent retribution. The principle ensures that justice is served equitably while also allowing room for forgiveness and compensation, embodying a comprehensive approach to criminal justice in Islam.
