Qisas in Islam
Definition
Qisas (Arabic: قِصَاص) is a term in Islamic law that means “retaliation” or “equal retribution.” It is a principle grounded in the Sharia, the moral and legal code of Islam, which allows for a form of equivalence in justice. Specifically, Qisas applies to cases of serious crimes such as murder or bodily harm, where the injured party is entitled to an equivalent retaliation against the perpetrator.
Etymology
The term “Qisas” originates from the Arabic root word “ق ص ص” (qāf-ṣād-ṣād), which means “to follow closely” or “to trace.” In a legal context, it implies following the crime with an equivalent response. The Turkish translation for Qisas retains the same term, emphasizing its rootedness in the Arabic language and Islamic legal traditions.
Arabic and Turkish Translations
- Arabic: قِصَاص (Qisas)
- Turkish: Kısas
The Significance in Islam
Legal Framework
Qisas forms a crucial part of the Islamic penal code, particularly articulated within the Quran and Hadith. It is primarily addressed in Surah Al-Baqarah (2:178) of the Quran, which states:
<p>“O you who have believed, prescribed for you is legal retribution (Qisas) for those murdered…”</p>
In practice, Qisas requires that the retaliation must be proportionate to the crime committed. If a person causes physical harm, the injured party has the right to inflict a similar harm, but without excess.
Moral and Ethical Dimensions
The concept of Qisas is deeply rooted in the principles of justice and deterrence. It aims to restore balance by ensuring that the punishment fits the crime, thus acting as a deterrent against serious offenses like murder and grievous bodily harm.
However, Qisas also includes mechanisms for mercy and forgiveness. For example, the injured party or the family of the deceased can choose to accept monetary compensation (Diyya) instead of exacting physical retaliation, thereby fostering a sense of communal harmony and grace.
Further Reading
Books for Further Studies
- “An Introduction to Islamic Law” by Joseph Schacht
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Crime and Punishment in Islamic Law: A Fresh Interpretation” by Mohammad Hashim Kamali
- “Sharia: Theory, Practice, Transformations” by Wael Hallaq
Takeaways
- Legal Provisions: Qisas is a well-structured concept within Islamic law that ensures retributive justice.
- Moral Balance: It balances justice with mercy by allowing the option for monetary compensation.
- Cultural Significance: It highlights the importance of justice and deterrence within the Islamic ethical framework.
Conclusion
Qisas is a foundational element of the Islamic legal and moral system that underscores the significance of proportionate justice. By understanding its roots, applications, and ethical dimensions, one gains a comprehensive view of how Islam approaches serious crimes and their repercussions.
By delving deeper into recommended readings, one can further explore the intricate details of Qisas and its applicability within broader Islamic jurisprudence and ethics.
