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During Qisas, Is Consideration Given To The Aftermath Of Punishment?
My question is that as a rule of Qisas, for example a man who is extra sensitive for the women of his house. once noticed that a neighbor used to watch them through balcony etc. The man in extreme anger decided to bust one eye of the neighbor thinking that his neighbor will still have one eye left and this would be a good way to deal with the neighbor. The man in a fight, busted up an eye of his neighbor.
Now the matter came to court, the court sees that the Man who busted up eye of his neighbor is already blind in one eye and has only one eye working. Can the court give consideration of some other form of punishment as a justice? because in terms of damage the oppressed can still see with one eye and still can utilize his sense of vision. but the oppressor only has one eye already. cutting his eye will cause him permanently be stripped of sense of vision forever. so is the court still obliged to go for the eye?
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16 Replies
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During Qisas, Is Consideration Given To The Aftermath Of Punishment?
updated 1 month, 1 week ago
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16
Replies
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It is what the court has to decide considering all the circumstances of the crime and the man and his motives if he deserves a concession or not.
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@Irfan76 sir would such example fall in ambit of dimensions of equal justice/Qisas?
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Both cases are different. No particular person affected in the case of admission by cheating in the university is there. The person will put his case to God and tell Him his excuses. God will judge with justice. Valid excuses are accepted.
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@Irfan76 sir I mean if there was a competitive exam, where top 30 students are to be selected . since Ahmad, who cheated and got selected, obviously means that another candidate would lost his position under top 30. and if ahmad had not cheated, then that other deserving candidate would have been selected and gotten chance to pursue this career. so sir here in this example, the other candidate is affected but it’s not like he received some damage and hurt physically, so Qisas law will not apply here, am I right?
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This is different in the sense that everyone deserves to get the education. The merit system is devised because limit of seats. Otherwise these who are not selected still they deserve to get the education. In this scenario if the candidate who got admission with some cheating but later he attains the required skills is the one who deserves it.
So it is not allowed about usurping other right but attaining one’s own right but with wrong means or a mixture of right and wrong. So it is not a hard crime though inappropriate. One should repent for cheating. That is what one can do.
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@Irfan76 okay sir I understand this point.
sir is Qisas law which is Islamically required, only applicable to physical hurt and injury? or other forms would come under it too? for example if a man, who is already selected in a university for admission and is in 3rd year. he achieved it with full deduction and was fully deserving of admission and fulfilled every criteria. He gets to know that his enemy cousin is also about to apply for university admission in first year. so he does some plotting and prevents the cousin from getting admission by misplacing his application form in the admission office. the cousin didn’t get Admission. now the man later regrets his actions, Islamically should he leave the University now? as a retaliation? even though yes he deserved the University admission but since he caused someone else’s prevention from admission and losing chance of admission, so Islamically it’s also obligatory that he gets the same loss of losing admission even if he got it fully deservingly in the start. is there something like that ?
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No. Qisas does not apply her this way. What if a person raped someone, will he get himself raped for Qisas? Of course not. One may ask forgiveness for the wrong one did to one’s cousin. If the cousin is unavailable, one should ask for forgiveness from Allah.
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@Irfan76 sir I understand your point.
sir can you give me some other examples of zyadati where we say that the same thing cannot be done in return?
I mean in the case of rape, someone can say that it cannot be done in return, because of factors like if the rapist is male and he raped a female then he cannot be raped (as he can only be penetrated anally, which would be additionally painful etc over and aboard then the original crime of raping that woman who didn’t go physical pain like that but emotional pain) and other factors as like the one who will retaliate the rapist with rape may get addicted to Zina and Homosexual sins if he does it etc. and other factors preventing retaliation in the same sin.
Sir can you please give me some other examples that are crime but they are not retailiated in qisas etc? as it would be helpful for me sir to understand sir.
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Dear brother, there is a standard legal position that I told you. If your taqwa dictates you otherwise, you may follow what your higher sense of morality tells you.
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@Irfan76 Okay sir I understand.
Sir so looking at Quran at 42:40 where in previous ayah it is said about Muslims that they retailate when they are subject to ‘Baghi’ and in this ayah it tells that recompense of an evil act is with same act like that.
so keeping this portion of Quran in mind and other areas where Qisas/equal retribution is mentioned.
legally Islamically what form of injustice is to be done in return? Is it like physical injury/murder only?
or other types of injustice also, like for example someone powerful used his guard to prevent an innocent poor man from entering his own house (poor man’s own house) for a month. and that poor man kept sleeping outside house and suffered rooflessness for a month because of oppression from the powerful Man. is it Islamically obliging that equal punishment of exiling the powerful Man from his own house for a month, is required? I mean here does qisas commandments play role?
or legally it only applies to physical hurt and injury or murder? can you please explain what paradigm of oppression/baghi comes in qisas commandments either straight or as a corollary of aim of command?
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Qisas is only about murder or physical injuries. It doesn’t apply to other things. Other disputes are bright to the court and the court decides a punishment which is not necessarily in the same amount or kind.
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@Irfan76 Okay sir thank you ❤️
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@Irfan76 Sir if someone for example breaks a leg of a person in a fight who was a footballer on profession. the leg broke and so did the job of the man who was footballer. and the doctor said you can’t play football anymore.
The man who striked with the weapon to the leg of victim, didn’t intend to jeopardize the career of the victim but he knew that he was a footballer and striking him in leg can make him lose career. the man only wanted to give the victim some physical pain, as happens in all fights that everybody wants to give their enemy physical pain.
As the victim lost his Job. if qisas is done for cutting leg of offender in return, Islamically, is it also commanded that the other gets rid of his current career too? because this is what the victim went through, getting his leg cut and losing his job because of that.
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Punishments are not always equal to the loss. A man who killed one man or a hundred men, has to be put to death only once. There are limitations in this world. However, the court may impose more fines to compensate for the loss if it is bigger.
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@Irfan76 so sir we can say that if for example someone cuts hand of 20 people. he will get only his hand cut 2 times in qisas, after which he’ll lose all hands. after that nothing more will be cut from him (it’s not like his both legs would be cut and nose too and ears too etc)but he might be given more fines and penalities etc.
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Yes, it has to be decided by the court according to the situation. It can be settled with a monetary fine only. There can be more than one workable solutions
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