Lapse of Qiṣāṣ Punishment due to Taking Possession of the Right to Qiṣāṣ
Journal Title: فقه و اصول - Year 2009, Vol 41, Issue 82
Abstract
Despite accepting the "principle of qiṣāṣ (retaliated punishment)" in the crimes against the physical entirety of people, the Islamic Legal System has stressed the preference of forgiveness and considered it as having precedence over retaliation. Therefore, the importance of studying the factors involved in lapse of qiṣāṣ, i.e, the factors which after actualization and proof of qiṣāṣ lead to its cancellation, becomes evident. With reference to the legal judgments (fatwas) of great jurists and the evidences and traditions concerning the lapse and non-lapse of qiṣāṣ punishment due to taking possession of the right to qiṣāṣ, the present article has undertaken to justify Mukhtār's view. In conclusion, due to the lack of clarity of the statutory laws in this respect, some suggestions are presented.
Authors and Affiliations
MuḥAmmad IbrāHīM Shams, ḤAmīD Riḍā KalāNtarī
Keywords
Related Articles
- EP ID EP182999
- DOI 10.22067/fiqh.v0i0.3148
- Views 120
- Downloads 0
A Research into the Legal and Judicial Principles of the Executed Person Coming Back to Life
Article 438 of the Islamic penal law considers as renewable the sentence of the executed person coming back to life in case of qiṣāṣ (retaliated punishment) due to observance of the resemblance (mumāthilat) condition and...
An introduction into the impediment removal rule (the return of prohibition in case of impediment removal)
One of the most widely used rules of jurisprudence is ‘impediment removal’ often expressed by the phrase ‘when impediment is removed, the forbidden is regained.’ The application of this rule in jurisprudential matters pr...
Internet Plagiarism: Liable to Ḥadd or Ta‘zīr?
One of the newly emerged issues in global communications and cyberspace is Internet plagiarism, which due to the lack of a codified law is unfortunately increasing in the number of its perpetrators. On the other hand, we...
A Critical Review of "An Exploration into the Evidences on Devotionality of Zakāt and Khums
Having regarded as discredited the jurists’ arguments, one of the researchers has disproved the devotionality of zakāt (legal alms) and khums (one fifth levy) so as to thereby remove one of the most critical barriers for...
A study into annulment (iqālah) from the perspective of Shiite jurisprudence and law
Annulment is one of the institutions of contract cancellation in Shiite jurisprudence and law. One of the primary questions about every phenomenon is the question of the nature and character. Although traditionally Shiit...