Fathul Qorib 242 ( Jinayat/Tindak kriminal ) جنایات

Takeaways

• 😀 Jinayat refers to criminal offenses in Islamic law, specifically murder, mutilation, or injury.
• 😀 The term 'jinayat' is the plural form of 'jinayah,' encompassing a broad range of criminal actions.
• 😀 Murder in Islamic law is categorized into three types: intentional, mistaken, and unintentional.
• 😀 'Amdun Mahdun' refers to intentional murder, where the perpetrator deliberately causes harm using a lethal object.
• 😀 In cases of intentional murder, qisas (retribution) is mandatory, meaning the murderer is subject to the death penalty.
• 😀 The intention behind the crime is often debated, with some scholars arguing that qisas applies even without clear intent to kill.
• 😀 Qisas applies to Muslims and those under Islamic protection (Aman), but not to non-Muslims who are in a state of war with Muslims or apostates.
• 😀 The law of qisas is not applied to non-Muslim combatants (Harbi) or apostates, as their blood is considered halal in certain contexts.
• 😀 In the case of a deliberate murder, if the victim's family forgives the murderer, the offender may instead pay a compensation known as Diat.
• 😀 Diat is compensation paid by the murderer to the victim’s family, and can be in the form of money or assets from the perpetrator.

Q & A

What is the term 'jinayat' referring to in Islamic law?

'Jinayat' refers to serious crimes such as murder, injury, or mutilation in Islamic law. It covers actions that result in harm to others, including intentional and unintentional killings.

What are the three types of murder discussed in the script?

The three types of murder are: 1) 'Amdun Mahdun' (purely intentional murder), 2) mistaken or wrongful murder (intentional but based on a wrong belief), and 3) unintentional murder (no intention to kill but death occurs due to reckless behavior).

What is the concept of 'qisas' in Islamic law?

Qisas refers to the law of retaliation, where the punishment for a murder is equivalent to the crime, typically resulting in the death of the perpetrator. It applies to Muslims and those under Islamic protection (such as non-Muslim citizens of an Islamic state).

Who is subject to qisas punishment according to the script?

Qisas applies to Muslims and non-Muslims who are under Islamic protection. It does not apply to infidels (harbi) or apostates (murtad), whose blood is considered 'halal' (permissible to kill in certain circumstances).

What happens when the family of a murder victim forgives the perpetrator?

If the family of the victim forgives the murderer, the punishment may be substituted with a 'diat' (compensation). This is typically paid from the killer’s property, and the amount varies depending on the severity of the crime.

What is 'diat' and how is it related to the punishment for murder?

Diat is a form of financial compensation paid to the victim's family, typically in cases where they forgive the killer. It is intended as an alternative to the death penalty or physical punishment, and the amount is determined based on the nature of the crime.

What is the legal status of 'harbi' individuals in relation to qisas?

Harbi individuals, who are infidels involved in a state of war with Muslims, are not protected under Islamic law for the purpose of qisas. Their blood is considered permissible to spill in certain circumstances, especially in wartime.

What is the significance of 'intent' in the application of qisas for murder?

In the case of qisas, intention plays a crucial role. The punishment applies to murderers who act intentionally, bringing lethal weapons to kill the victim. However, the script suggests that intention may not always need to be considered, as the mere act of killing is grounds for qisas.

How does the law treat an apostate in relation to qisas?

An apostate, or 'murtad', is someone who leaves Islam. In the context of qisas, apostates are not protected by Islamic law, and thus, the law of retaliation (qisas) does not apply to them in the same way as it does to Muslims.

What is the process if a person is killed unintentionally?

If a person is killed unintentionally, the punishment for the killer may not be as severe as that for an intentional murder. Instead of qisas, the family of the victim may receive diat if they choose forgiveness.