The Rulings of Homicide and Retribution (Qisas) in the Islamic Penal System: A Comparative Jurisprudential Study

Abstract

Islamic Sharia is the final of the divine legislations; it is neither confined to a specific time nor restricted to a particular nation, but rather intended for all humankind, as Allah Almighty says: “And We have not sent you except to all mankind...” (Saba’ 34:28). In essence, Sharia is a divine law for humanity, and it is incumbent upon humankind to apply its rulings. God has granted this community distinguished jurists endowed with knowledge and piety who have devoted themselves to preserving the Sharia, deriving from its text’s fundamental principles and legal rulings that ensure the protection of human life from transgression and aggression. Hence, it has established laws and rulings that oblige the killer to face legitimate retribution (qisas) for his crime. The science of jurisprudence (fiqh) has thus been dedicated to legislating rulings for every aspect of human life. It has developed into various branches: acts of worship, which regulate the individual’s relationship with his Creator; transactions, which govern interpersonal relations through contracts and obligations; and hudud and diyat, which regulate society by imposing punishments on those who violate divine prohibitions. This reflects the precision, comprehensiveness, and distinctiveness of Islamic jurisprudence in establishing justice and ensuring a stable life free from violations against life and rights, alongside other related matters.