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Sunday, December 9, 2012

ISLAMIC LAW ON QISAS


Assalam oalaikum,

In my previous post I have discussed about the historical background of the law of qisas. There are several verses in the Holy Quran which are related to qisas. Some of them mention about it generally whereas some others form the base of the Islamic law on qisas.

“O you who believe! Al-Qisas (the law of equality in punishment) is prescribed for you in case of murder, the free for free, the slave for slave and the female for the female. However, if the killer is forgiven by the brother or the relatives of the killed against blood money then adhering to it with fairness and payment of the blood money to the heir should be made with justice. This is alleviation and a Mercy from your Lord. So after this whoever transgresses the limits (i.e. the killer after taking the blood money) he shall have a painful torment.” (TMQ- 2:178)
“And there is life for you in al-qisas, O men of understanding, that you may acquire taqwa.” (TMQ-2:179)
“Nor take life which Allah has made sacred, except for the just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive) but let him not exceed bounds in the matter of taking life, for he is helped (by the law).                                                       (TMQ-17:33)
“The sacred month is for the sacred month and for the prohibited things there is the law of equality (qisas)”. (TMQ-2:194)

In an exemplary display of equality and justice, Islam grants the heirs of the person killed with the options of either settling the scores with the murderer by killing him to satisfy their personal vendetta or by forgiving him against blood money (diyaah) from them.
The law of killing the murderer serves as a deterrent to prevent further blood shed in the society because it becomes amply clear that whoever contemplates killing someone will run the risk of losing his own life at the hands on the victim’s heir.
It is the duty of each one of us to understand that the Divine Law of qisas is full of wisdom and it aims to preserve life on earth by preventing bloodshed in the society.



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