This analysis explores the principle of structured implementation of Qisas (retribution) through principles of proportionality and human dignity. It addresses challenges like unregulated execution and proposes programs for jurisprudential differentiation and fostering forgiveness culture in Islamic criminal justice.
Title: The Principle of Structured Implementation of Qisas (Retribution)
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This analysis examines the principle of structured implementation of Qisas (retribution) as a cornerstone of Islamic criminal justice system. It presents a comprehensive framework for understanding how proportional punishment balances justice with compassion while preserving social order. The study establishes core principles emphasizing necessary proportionality in retribution and preservation of human dignity during execution.
The document identifies significant challenges including unregulated pre-Islamic Qisas practices and narrow interpretations of Quranic verses about retribution. These issues lead to retaliatory conflicts and tension between individual pardon rights and collective welfare. The analysis then proposes concrete programs for precise jurisprudential differentiation between Qisas, Hudud and Ta’zir punishments.
The article’s structured framework includes:
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Eleven core principles of Qisas implementation
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Ten major historical and conceptual challenges
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Ten strategic programs for reform
Structured Qisas implementation requires distinguishing private family rights from state authority while prioritizing pardon as a social virtue. It demonstrates how Islamic law replaces vengeance with measured justice through equivalent retaliation principles. This approach empowers victims’ families to choose retribution or forgiveness while allowing governmental Ta’zir for public interest.
This study provides essential guidance for Islamic jurists and legal scholars. It emphasizes fostering forgiveness culture through religious education and legal support for informed family decisions. Implementing these programs can prevent ethnic violence by clarifying Qisas structures and promoting social reconciliation.
The analysis highlights how Quranic verses like “in Qisas there is life” encourage justice preservation rather than blind retaliation. It shows the importance of Imam Ali’s teachings on avoiding excess in punishment. These steps are crucial for maintaining justice balance through expansive jurisprudential interpretation.
Understanding these principles helps develop humane criminal policies aligning with Islamic ethics. The framework offers practical methods for designing executive structures that differentiate penal categories. Proper execution requires public education about Qisas’ true philosophy beyond extremist interpretations.



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