THE HIERARCHICAL RETALIATION (QISAS) IN CRIMES EXCEPT MURDER

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SARIKHANI ADEL; MIRZAII MOQADAM MURTEZA

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Journal: CRIMINAL LAW DOCTRINES Year:2015 | Volume:- | Issue:9 Page(s): 3-28

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Title

THE HIERARCHICAL RETALIATION (QISAS) IN CRIMES EXCEPT MURDER

Author(s)

SARIKHANI ADEL | MIRZAII MOQADAM MURTEZA | Issue Writer Certificate

Keywords

THE HIERARCHICAL RETALIATION (QISAS)Q2

THE MAḌBUṬ CRIMESQ2

NONACCURATE CRIMES (NOT MAḌBUṬ)Q2

SIMILARITY (EQUALITY)Q1

Abstract

The hierarchical retaliation (qisas) is of the innovations of the Islamic penal code (codified 1392). The main question is if it is possible basically to implement the retaliation (qisas) in a place differing from the crime ones especially in the lower ranks or it must be done solely in the same place of crime. Replying this question, the study of the thoughts of Imamiyah’s jurisprudents (fiqh Jurists) and Sunni’s ones reveals that there is a difference between the maḍbuṭcrimes which it is possible to be implemented qisas in its accurate position without exceeding the limits and bounds and the crimes which are not maḍbuṭ. Some Islamic jurists have not accepted thehierarchical retaliation (qisas) in non-accurate crimes (not maḍbuṭ) with respect to the equity in qisas and believe that in these kinds of crimes, the financial compensation to be paid to the victim (Diyya) is preferable. But some others have accepted it with regarding evidences such as Ijma (Arabic: “agreeing upon” or “consensus”), the ’umumat (generality) relating to Qisa and etc. In THE MAḌBUṬ CRIMES, most of the Islamic jurists think it is possible to implement the hierarchical retaliation (qisas) because it is possible in these kinds of crimes to implement the equal retaliation (qisas) and there is no reason that the crime victim implements qisas in a different place. Of course, some Islamic jurists believe that there is no problem to carry out the hierarchical retaliation (qisas) in these kinds of crimes and it is stipulated to the consent of murderers. Examining the opinion of the legislature shows that it does not pay attention to these separation and all crimes but with the consent of the murderer are the subject of this kind of qisas.

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APA: Copy

SARIKHANI, ADEL, & MIRZAII MOQADAM, MURTEZA. (2015). THE HIERARCHICAL RETALIATION (QISAS) IN CRIMES EXCEPT MURDER. CRIMINAL LAW DOCTRINES, -(9), 3-28. SID. https://sid.ir/paper/216090/en

Vancouver: Copy

SARIKHANI ADEL, MIRZAII MOQADAM MURTEZA. THE HIERARCHICAL RETALIATION (QISAS) IN CRIMES EXCEPT MURDER. CRIMINAL LAW DOCTRINES[Internet]. 2015;-(9):3-28. Available from: https://sid.ir/paper/216090/en

IEEE: Copy

ADEL SARIKHANI, and MURTEZA MIRZAII MOQADAM, “THE HIERARCHICAL RETALIATION (QISAS) IN CRIMES EXCEPT MURDER,” CRIMINAL LAW DOCTRINES, vol. -, no. 9, pp. 3–28, 2015, [Online]. Available: https://sid.ir/paper/216090/en

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