143. Pasal Syarat-Syarat Kewajiban Qishash

Summary

This script discusses the legal conditions and principles of qisas (retaliation) in Islamic law, focusing on four key requirements: the perpetrator's sanity, their legal status (e.g., not being a parent of the victim), and the equality of status between the murderer and the victim. It highlights the famous case during the time of Umar bin Khattab, where seven individuals were sentenced to qisas for killing one person, demonstrating how Islamic law ensures justice. The script also covers qisas in relation to bodily injuries, including specific rules for different types of bodily harm, with detailed examples.

Takeaways

• 😀 The obligation of qisas (retribution) for murder is subject to 4 main conditions, including the intentionality of the killing, the mental capacity of the perpetrator, and the relationship between the victim and the killer.
• 😀 A person cannot be subject to qisas if the killer is their parent, as per the hadith narrated by Umar Ibn Khattab (RA).
• 😀 Qisas is not applicable if the victim's social or religious status is lower than the perpetrator's. For example, a Muslim is not subject to qisas for killing a non-Muslim, and a free person is not subject to qisas for killing a slave.
• 😀 Gender differences do not affect qisas. A man who kills a woman is still subject to qisas.
• 😀 The principle of collective responsibility applies in cases where a group of people jointly commit a murder. If seven people kill one person, all seven can be punished, as demonstrated by Umar Ibn Khattab's ruling.
• 😀 Qisas not only applies to murder but also extends to bodily injuries, such as the loss of a limb or damage to an organ. Injuries like eye for an eye or tooth for tooth can also be subject to retribution.
• 😀 For qisas to apply to bodily injuries, specific conditions must be met, including the injury being directly comparable (right hand for right hand, left hand for left hand).
• 😀 The victim and perpetrator must have comparable conditions for the qisas of bodily injury to be valid, such as both having functioning limbs for an eye-for-eye retribution.
• 😀 The rule of qisas applies to injuries that extend beyond superficial damage, such as cuts that reach deeper into the skin, bones, or even cause damage to the brain.
• 😀 In cases of injuries like head or facial wounds, there are specific categories of injuries (e.g., cuts reaching the bone or the brain), and the severity dictates the retribution or compensation.

Q & A

What are the four conditions that must be met for the obligation of qisas (retributive justice)?

The four conditions for qisas are: 1) The murderer must be of sound mind. 2) The person killed must be someone who is not a parent of the murderer. 3) The murderer must not be killing a person of a lower social status (such as a slave or a non-Muslim). 4) The victim and the murderer must be of the same social and religious rank, meaning a Muslim cannot be killed for killing a non-Muslim, and a free person cannot be killed for killing a slave.

Why does qisas not apply when a father kills his own child?

Qisas does not apply in cases where a father kills his own child based on the hadith narrated by Umar Ibn Khattab, where the Prophet Muhammad (peace be upon him) said that a father should not be killed for killing his child.

What are the conditions under which qisas is not applicable in terms of social status?

Qisas is not applicable if the person killed is of lower status than the murderer, such as when a Muslim kills a non-Muslim or a free person kills a slave. In these cases, retributive justice is not carried out.

How does qisas apply if a group of people collectively commits a murder?

In the case where a group of people kills one person, all of them can be subjected to qisas. This is based on an incident during the time of Umar Ibn Khattab, where he ruled that if seven people cooperated in killing one person, they should all be executed.

Does qisas only apply to murder, or can it apply to bodily injury as well?

Qisas can apply to both murder and bodily injury. If someone kills another person, they can be punished by death (qisas), and similarly, if they cause bodily injury (such as severing a limb), they can face a retributive punishment in accordance with the injury inflicted.

What does the concept of 'qisas with the body' entail?

Qisas with the body refers to the principle that retribution should be applied to injuries or damage to the body in a manner proportionate to the harm caused. For example, if a person breaks another’s bone, the injured party may seek retribution by breaking the offender's bone.

What are the two additional conditions for applying qisas to bodily injury?

The two additional conditions for applying qisas to bodily injury are: 1) The injury must be inflicted using the same side of the body (e.g., right hand for right hand). 2) The injured person must not have a permanent disability or other physical flaw in the injured area.

What are the different types of injuries that are categorized in Islamic law for qisas purposes?

In Islamic law, injuries are categorized into different types, including: 1) 'Hari sah' (skin wounds), 2) 'Batiah' (muscle wounds), 3) 'Mutahillah' (wounds involving deeper tissue), and 4) 'Hashima' (broken bones or shattered body parts). More severe injuries, like those affecting the brain or bones, have specific classifications such as 'makmum' (brain injury).

Can qisas apply to injuries on the head or face?

Yes, qisas can apply to injuries on the head or face, but only if the injury reaches the bone. For example, if someone causes a wound to the skull or face that damages the bone, qisas may be applied. Lesser injuries that only affect the skin or muscle may not result in qisas.

How does Islamic law approach the punishment for severe injuries or permanent disabilities caused by another person?

In cases of severe injuries that result in permanent disability, such as the loss of an eye or a limb, Islamic law permits qisas, where the injured party may seek retribution in a similar manner. If the injury causes a permanent disability, the offender may face a corresponding punishment based on the severity of the injury.