In the Islamic belief system, the severity of the offense of murder is accentuated by the principles detailed in the Quran and the Hadiths, which serve as fundamental sources of guidance for Muslims. These sacred texts introduce the concept of qisas, or retribution, as a core principle of Islamic law (Sharia). Qisas mandates that the punishment for murder should be proportionate to the crime, emphasizing the sanctity of human life and the necessity for justice.

Furthermore, the application of qisas extends beyond religious doctrine to become a matter of state law in numerous Muslim-majority nations. State authorities in these countries are responsible for ensuring that justice is dispensed in accordance with both Islamic legal principles and secular legal frameworks. This dual jurisdiction highlights the importance of qisas as a legal and moral obligation within Islamic societies, while also acknowledging the intricate interplay between religious doctrine and state governance in matters of justice and law enforcement.

The Quran offers guidance on the concept of qisas in various verses. For instance, in Surah Al-Baqarah (2:178-179), it states: 'O believers! The law of retaliation applies to you in cases of murder - a free man for a free man, a slave for a slave, and a female for a female. However, if the offender is forgiven by the victim's guardian, then a fair blood-money should be determined and paid with courtesy. This is a gesture of compassion and forgiveness from your Lord. But whoever exceeds these limits will face a painful punishment.'

According to The Clear Quran translated by Dr. Mustafa Khattab, those who deliberately murder a believer will be condemned to Hell, where they will reside eternally. Allah will hold them in contempt, curse them, and inflict upon them a severe retribution.

There is disagreement among Muslim jurists regarding the appropriate punishment for Muslims who murder Dhimmis (non-Muslims). While Hanafi jurists advocate for the death penalty, some Muslim jurists do not. Contemporary scholars, including 'Awdah and El-Awa, have explored this issue. An analysis of both classical and modern Islamic law literature suggests that the Hanafi viewpoint is preferable. This preference stems from its stronger evidentiary basis and alignment with the collective well-being of Muslims and non-Muslims in the present era.

In Islamic jurisprudence, qisas grants the victim's family the right to seek retribution against the offender, ensuring justice for the harm caused. Nevertheless, the Quran underscores forgiveness and reconciliation, presenting alternatives to retaliation. If the family decides against pursuing qisas, they can opt for diyya, a form of compensation given by the perpetrator or their family to the victim's family as reparation for the loss. This provision facilitates the restoration of social harmony and offers a resolution method that prioritizes mercy and reconciliation over strict retribution.

In Islamic jurisprudence, the execution of qisas is carried out by state authorities through a structured judicial process, ensuring impartiality and adherence to established legal protocols. The evidentiary standards for conviction in qisas cases are rigorous, necessitating strong and convincing proof of the accused's guilt. Furthermore, Islamic law guarantees the accused the right to a fair trial and the chance to mount a defense, embodying the principles of due process and procedural fairness inherent in Islamic jurisprudence. This safeguards the rights of both the victim and the accused throughout the legal process.

In numerous contemporary Muslim-dominant nations, the execution of qisas displays substantial disparity, showcasing diverse legal governance strategies and interpretations of Islamic law. Some countries, like Saudi Arabia and Iran, strictly adhere to Sharia law in qisas matters, with judicial decisions guided by Islamic legal principles and jurisprudence. In these nations, qisas is applied based on traditional Islamic law interpretations, with state authorities responsible for dispensing justice in accordance with religious tenets.

On the other hand, other Muslim-majority nations, such as Turkey and Indonesia, have embraced legal systems that integrate secularism and Western legal traditions. In these countries, while Islamic law holds cultural and symbolic significance, legal frameworks are primarily grounded in secular principles derived from European legal systems. Consequently, the implementation of qisas may be influenced by secular legal norms, procedural requirements, and human rights considerations, reflecting a hybrid approach to justice that balances religious tradition with modern legal principles.

While qisas serves as a mechanism for justice and deterrence in Islamic legal tradition, concerns persist regarding its application in certain contexts. Critics contend that qisas may disproportionately impact marginalized communities, as socioeconomic disparities can influence access to legal representation and fair treatment within the judicial system. Moreover, there are apprehensions about the potential for abuse or misuse of qisas, particularly in cases where societal power dynamics favor certain individuals or groups over others.

Furthermore, debates arise regarding the effectiveness of qisas as the sole means of achieving justice in contemporary societies. In complex legal landscapes shaped by evolving societal norms and human rights principles, there is a growing recognition of the need for nuanced approaches to justice that consider rehabilitation, restitution, and reconciliation alongside punitive measures. As such, discussions around qisas often encompass broader questions about the compatibility of traditional legal frameworks with modern conceptions of justice and human rights.

Conclusion:
In Islam, the retribution for murder is based on the principle of qisas, which allows for proportionate punishment against the perpetrator. However, Islamic law also values forgiveness and reconciliation, providing opportunities for the victim's family to pardon the offender or receive compensation (diyya) instead of pursuing qisas.

The implementation of qisas varies in different Muslim-majority countries, influenced by cultural, legal, and societal factors. While some nations strictly follow Sharia law and apply qisas as prescribed, others may incorporate elements of secular law or offer alternative punishments for murder cases.

Within Islamic legal scholarship, there is ongoing debate and interpretation regarding the application of qisas, considering mitigating circumstances, evidence, and the broader goals of Islamic law. Ultimately, the approach to murder punishment in Islam aims to balance justice with mercy, reconciliation, and social harmony within the framework of Islamic legal principles and societal norms.

Reference:

1. https://www.jstor.org/page-scan-delivery/get-page-scan/26567175/0

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565