Retaliation (al-Qisas):

Homicide and Injuries

 The understanding of retaliation or Qisas
(‫)ق صاص‬
 Shariah`s view on Qisas
 The classification of Qisas (Homicide and
injuries)
 The classification of Homicide
 Retaliation and blood-money (‫)ديه‬
 The condition for applying Qisas punishment
 A related issues on the law of Qisas
 The word qisas is derived from an Arabic word
qassa, meaning `he cut` or he followed his tract
in pursuit`.
 It also means law of equitable retaliation for a
murder already committed.
 The murderer should receive same punishment
as he causes others with a horrible, hence his
own life should be taken just as he took the life
of innocent person. The purpose of qisas is to
protect a lives.
 Surah al-Maidah (5:45) " We ordained therein
for them: "Life for life, eye for eye, nose for
nose, ear for ear, tooth for tooth, and wounds
equal for equal." But if any one remits the
retaliation by way of charity, it is an act of
compensation (expiation/‫) ك فارة‬for himself.
And those who don`t judge by (the light of)
what Allah has revealed, they are wrong-
doers".
 Surah al-Baqarah(2:178)"O believers! the law of
qisas is prescribed to you in cases of murder:
the free for the free, the slave for the slave, the
woman for the woman. But if someone is
received a forgiveness from the victim`s
brother, then grant any reasonable demand!
and compensate him with handsome gratitude.
This is a concession and a mercy from your
Lord. After this, whoever exceeds the limits
shall be in grave penalty".
 Surah an-Nahl (16:126) "if you want to retaliate,
retaliate to the same degree as the injury done
to you. But if you are patient, it is better to be
patient".
 The murderer must be mukallaf , sane and adult
 The murderer is not among the victim family,
e.g father kills son.
 The killer and the victim are at the same status.
E.g free = free, slave=slave.
 the victim`s life is guaranteed under Shariah.
E.g, muslim, zimmi.
 According to Ibn Jauzy, "if homicide is
established, then either :
(1) retaliation is due against the killer or
(2) compensatory payment due from him, and
expiation (kaffarah) and
(3) he may be due a discretionary
(ta`zir)punishment".
 Intentional killing: where the killer intends to
kill the victim by striking with a sharp
instrument, arson (by fire), drowning or
sinking, poisoning or by any tool that normally
cause to die.
 For such case, the qisas punishment is
obligatory.
 Unintentional killing: which is that the person
didn`t intent to kill nor to attack. Usually it
occurs by accident, for example when someone
hunts a rabbit and he shots the hunted rabbit,
suddenly its bullet hit a human being.
 Hence in this case, no retaliation punishment
can be applied. But a compensatory payment
(diyyat) is required, and that is aql (can be paid
by his family).
 Doubt or quasi intentional killing: it can
happens when someone intends to attack only
but didn`t mean to kill. But such action causes
to die.
 As for above case there is two opinions:
 First, according to Maliki school, the qisas
punishment is imposed on the murderer.
 Second, the qisas punishment can`t be imposed
on that person, it considers as a killing without
intention. Diyyah is required.
 Surah an-Nisa (5:95) "a believer should never
kill another believer unless it is by mistake.
Anyone who kill a believer by mistake, hence
he should:
 (1) free a mu`min slave and
 (2) pay blood-money to victim`s family unless
they forgo it as sadaqah".
 Two types of diyyah:(1)easy diyyah,100 camels
(2) heavy diyyah, 100 camels.
• Qisas against a group for the killing of a
single person, there is different opinions
as follow:
• First: if a group kills a person, then the
murderer who directly causes to the
death (e.g, he uses a killing`s tool) is
punishable by qisas, while others are not.
• Second: according to Umar al-Khattab, all
group is punishable by qisas.
Qisas against a Muslim for killing a non-
Muslim
Qisas against a father for killing his son
 One forfeits one`s right to life in the following
situation:
1. Qisas: it applied against someone who killed
someone else intentionally.
2. Hadd for zina: it applied against a married
person who commits adultery.
3. Hirabah: those who commits highway robbery.
4. Fasad fil ard: capital punishment for who plot to
takeover or rebel against Islamic governance.
5. Jihad: against the enemies of Islam.