Qisas and diyya applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being Hudud and Ta'zir.
The legal systems of Afghanistan,[7] Iran, Pakistan, Saudi Arabia, the United Arab Emirates, Qatar, and the northern states of Nigeria currently apply qisas.
He who transgresseth after this will have a painful doom.The verse appears to address the pre-Islamic practice of collective punishment where the tribal equivalent of the murdered from the killer's tribe was killed in retaliation.
However, the Quran encourages the aggrieved party to receive monetary compensation (blood money, diyya, دية) instead of qisas,[8].
For example, Sahih Bukhari states, Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims.
'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper."
"Classical/traditional Islamic jurisprudence (fiqh) treats homicide as a civil dispute between victim and perpetrator,[10] rather than an act requiring corrective punishment by the state to maintain order.
The two-month fasting that the murderer will keep in case of financial inadequacy is considered sufficient as a reward for the crime (Surah Al-Nisa; 176).
On the other hand, the later jurists stipulates "the element of intent"[14] in case of physical injury and killing acts as well as other conditions determined for bodily retaliation.
Injury which may be the subject of a qisas application may only be applied if there is a definite organ loss whose limits can be guaranteed that no more harm will be done to the offender than he has caused in the punishment.
[17] In this case, qisas cannot be made against the most common forms of killing and wounding that occur during ordinary daily fights using stone sticks, blades, and piercing tools.
[18][19] (In yet another class were murdered apostates from and blasphemers of Islam, non-Muslims who does not enjoy the protection of a Muslim state under the status of a Dhimmi or Musta'min, etc.)
If they wish, they may kill, but if they wish, they may accept blood-wit.The Hanafi school ordains lesser-than-murder qisas across religions, whether the perpetrator is Muslim or non-Muslim, according to Sayyid Sabiq's Fiqh Sunnah.
[18][26] In one case, the Hanafi jurist Abu Yusuf initially ordered Qisas when a Muslim killed a dhimmi, but under Caliph Harun al-Rashid's pressure replaced the order with Diyya if the victim's family members were unable to prove the victim was paying jizya willingly as a dhimmi.
[27] According to Fatawa-e-Alamgiri, a 17th-century compilation of Hanafi fiqh in South Asia, a master who kills his slave should not face capital punishment under the retaliation doctrine.
[29] But Abdul Aziz bin Mabrouk Al-Ahmadi narrates that the Hanafi scholars say that Musta'min is entitled to Diyya equal to Diyya of a Muslim, and he quotes this opinion from a group of other muslim scholars, including a some of Companions of the Prophet, and he also narrates that this is one of the opinions of the Hanbalis if the killing occurred intentionally.
[30] Non-Hanafi jurists have historically ruled that qisas does not apply against a Muslim, if he murders any non-Muslim (including dhimmi) or a slave for any reason.
[31] Both Shafi'i and Maliki fiqh doctrines maintained that the qisas applies only when there is "the element of equality between the perpetrator and the victim", according to scholar Yohanan Friedmann.
[42] The Pakistan Penal Code modernized the Hanafi doctrine of qisas and diya by eliminating distinctions between Muslims and non-Muslims.
[47] This age limit is not effectively enforced, and the court can assess a child defendant's physical characteristics to decide if he or she should be tried as an adult.
[48] Other reported sentences of qisas in KSA have included eye gouging, tooth extraction, and death in cases of murder.
[49] According to most variations of Islamic Law, qisas does not apply if a Muslim parent or grandparent kills their child[28] or grandchild,[50] or if the murder victim is a spouse with whom one has surviving children.
[1][51] The Hanafi, Hanbali and Shafi'i sharia extend this principle to cases when the victim is a child and the mother or grandparents are the murderers.