Department of Laws
Introduction to Islamic Law
“Qisas, Crimes and Punishments”
Name of Lecturer: Bro. Murshid Kassim
Husna Salsabila Bt. Mahyuddin
Siti Nahawan Bt. Che Ibrahim
Raihana Nadhira Bt. Rafidi
Islam is a divine religion which provides a complete and thorough methods of living a life accordingly which suits our natural sense well besides being a religion which completely covers every facet in life, politically, socially, economically, physically, mentally and the relationship that a man builds within themselves, to the environment surrounds him and with him and the Lord of the Universe. Of course a shorter term would be Islam is the way of life, and no other system is suitable for us to conform to besides this holy religion. In this assignment, our group will be discussing on a topic that Islam had gave its best solutions to solve problems relating to taking the life of others and hurting others that is “Qisas, Crimes and Punishments.”
Readers would expect to understand further on the punishment Qisas or retaliation that Islam had provided to those who commit murder or injury to others, besides would be fully acquainted with the relevant Quranic and Hadeeth verses on Qisas, its importance and relevance, in addition to Diyat or blood money which acts as compensation. We hoped to enlightened readers with fundamental knowledge on Qisas hence to inculcate knowledgeable minds on Qisas and to reduce the misconceptions that most people of today had put forward on Qisas which they concluded it to be a violent, irrelevant and non-acceptable punishment. May our assignment bring you many benefits especially on understanding the justice that Islam had provide through Qisas punishment.
WHAT IS QISAS?
It goes without saying that all religions and all rational people rule that taking others’ lives by assault without any right is illegal and wholly condemned. Given the severity of this crime, Islam instructs a severe punishment for he who commits the crime; that is Qisas or retaliation by killing the murderer only. Literally, qisas means "equal" or "balanced". In the book Tafsir Al-Qurthubi, qisas is also explained as "to follow the tract or mark", and it means that the treatment of the offender should be the same as his offence. Qisas, according to Islamic legal terminology, is "specified punishment imposed by Shâri‘(Allah) as an obligation to be implemented in order to carry out the rights of mankind." From the several terms of description given, it can be resolved that the life of a murderer should be taken just as he had taken the life of his fellow man or someone who injures others should in turn be injured. Qisas is a divine legislation exposed in the earlier Divine Books. Also, it was the prevalent norm among the Arabs in pre-Islamic era. Though Islam approves of and regulates the principle of Qisas, it instructs that it should not be carried out in an excessive way.
WHY QISAS IS APPLIED?
Qisas is applied due to (1) Intentional murder and (2) Intentional injury. Committing murder is a big sin in Islam, an evil and cursed deed for which the death sentence is a just punishment. As promised by Allah S.W.T a severe punishment awaits the murderer in the hereafter. In the Al-Qur’an Allah says: "And whoever kills a believer intentionally, his recompense is hell to abide therein, and the wrath and the curse of Allah are upon him, and a great punishment is prepared for him." (Surah Al-Nisâ’: 93) The punishment for those who commit murder is death. This is clearly shown by Allah in His word which says: "O you who believe! Al-qisas (the law of equality in punishment) is prescribed for you in case of murder." (Surah Al-Baqarah: 178) The qisas offence explained in the above verse is very clear, where; the death punishment is executed on the murderer. It cannot be changed or cancelled after the offender has been found...
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