Qisas
Definition
Qisas (Arabic: قِصاص, Turkish: kısas) refers to the Islamic legal principle of retribution or equivalence, grounded in the Shari’ah (Islamic law). It is a system in which justice is meted out according to an equivalent recompense, particularly within the parameters of murder, voluntary and involuntary manslaughter, and intentional and unintentional physical injuries.
Etymology
The term “Qisas” derives from the Arabic root “ق-ص-ص” (qāf-ṣād-ṣād), which implies cutting and is metaphorically extended to mean ‘retribution’ or ‘accountability’.
Legal Provisions
Intentional Acts
In instances of intentional murder or physical injury, Qisas allows the victim or the victim’s family to seek direct retribution. This can involve the application of a punishment equivalent to the offense, such as the execution of the murderer or an equivalent physical harm.
Monetary Compensation (Diyya)
Victims or their families may waive their right to direct retribution in favor of monetary compensation, known as “diyya” (blood money). This practice introduces a restorative dimension to justice by focusing on compensation over retribution.
Clan Responsibility
The practice of Qisas recognizes a collectivist sociocultural configuration by placing the responsibility for payment of compensation on the perpetrator’s clan. Conversely, the victim’s clan receives and divides the payable compensation, reflecting the intertwined destinies and collective responsibilities prevalent in traditional societies.
Further Reading
For a more comprehensive understanding of Qisas and its application within Islamic jurisprudence, consider exploring the following texts:
- “Islamic Law and Society” by Knut S. Vikør
- “An Introduction to Islamic Law” by Joseph Schacht
- “The Islamic Criminal Justice System” edited by M. Cherif Bassiouni
Takeaways
- Retribution and Compensation: Qisas embodies a dual approach to justice—offering the victim’s kin either direct retribution or monetary compensation (diyya).
- Community Roles: It underlines the collective responsibility of families or clans in managing justice, emphasizing communal harmony and support.
- Flexibility: The option for financial compensation introduces a dimension of flexibility and merciful reduction of violence in the administration of justice.
Conclusion
Qisas stands out as a significant element of Islamic jurisprudence, illustrating how traditional Islamic law seeks to balance strict retribution with avenues for monetary restitution, community responsibility, and humane concession. Its enduring relevance underlines the adaptability and richness of Islamic legal practices.
