Relationship of maqasid ai-shariah with qisas and diyah

Analytical view

Ahmad Muhammad Husni, Amir Husin Bin Mohd Nor, Abdel Wadoud Moustafa Moursi El-Seoudi, Ibnor Azli Ibrahim, Hayatullah Laluddin, Muhammad Adib Samsudin, Anwar Fakhri Omar, Muhammad Nazir Alias

Research output: Contribution to journalArticle

4 Citations (Scopus)

Abstract

Qisas is considered in the Islamic law, the largest and the most important factors for the stability of justice in the society and the feeling of secure in the hearts of people and it also preserving the human dignity and freedom. It is a purification for the murdered and the life of the humankind and the healed for the oppressed and justice between themurderer and the murdered. It is equality between punishment and crime. It is from the law of Allah Glory which His law that far above other that prescribed by the corrupted minds suggestion and opinions of the misguided oppressive. The punishment in Islam tends to justice and the protection of virtue and morality. Thereby, it tends to be equal to the crime and its effects. Without qisas, people attacked each other violently; qisas is prevention to the evil consequences of the blood violation by crime. This wise legislation preserves the life of people and their organs. Qisas is aimed to achieve the equality between crime and punishment so that the penalty shall be equal to the crime committed as qisas is similar deterrent punishment waiting for the criminal who deters the victim and his guardian and the community who he lives in with this dreadful crime. In addition to these meanings, qisas heals the rage of the victim and the rage of his heirs. In this study, the inductive and analytical approach to gather the views of jurists, researchers, their evidences and arguments on the subject and texts related to it trying to perform fundamental and judicial analysis to suit the contemporary reality and the intent of the Sharia and to the practical approach which study of the subject in the field and applied study. The Islamic Sharia developed wise legislation to keep the souls of the people and limbs from being assaulted. They made the punishment of killing intentionally in the highest degree of penalty it is death and made it to the guardian of the murdered the right of amnesty for free or a replacement of money and set for the mistaken murder some penalties which makes him sensitive human in his actions and wise deeds and more alert and rises above all indulgence and lack of caution. In which does not lead the neglecters to destroy the life or organs and this wise legislation preserves the life of people and their organs.

Original languageEnglish
Pages (from-to)725-730
Number of pages6
JournalSocial Sciences (Pakistan)
Volume7
Issue number5
DOIs
Publication statusPublished - 2012

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penalty
offense
sharia
justice
legislation
Law
equality
amnesty
jurist
human dignity
morality
homicide
Islam
money
death
lack
community
evidence

Keywords

  • Diyah
  • Gisas
  • Legislation
  • Magasid al-Shariah
  • Pmrishment
  • The crime

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Relationship of maqasid ai-shariah with qisas and diyah : Analytical view. / Muhammad Husni, Ahmad; Mohd Nor, Amir Husin Bin; El-Seoudi, Abdel Wadoud Moustafa Moursi; Ibrahim, Ibnor Azli; Laluddin, Hayatullah; Samsudin, Muhammad Adib; Omar, Anwar Fakhri; Alias, Muhammad Nazir.

In: Social Sciences (Pakistan), Vol. 7, No. 5, 2012, p. 725-730.

Research output: Contribution to journalArticle

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