The philosophy of retaliation

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The term “philosophy” refers to the concept, purposes, and wisdom of the ordinances of the law, and refers to the corruptions and material which, in fact, are the true causes of the establishment of divine rules. Of course, the difference between the cause of the sentence and its philosophy should not be overlooked.

Although some of theologians consider the cause to be arbitrary, one of the causes of the cause is wisdom.

Therefore, the philosophy of qisas as one of the topics underlying the philosophy of the judgments also embraces the same concept, and the purpose is to discuss the goals and objectives of the retaliation of retaliation in Islam.

Perhaps the philosophy of decreeing retribution in Islam or, in other words, “the role of retribution in securing the goals of Islamic penal law” may be summarized as follows: a) Providing criminal justice b) maintaining order and social security

  1. Retaliation and Criminal Justice

One of the main goals of the Shari’ah of Islam and other divine religions is to provide justice and justice in this world, and this definition has been based on all the religious laws and regulations regarding the social relations of human beings with each other. The rules and regulations of the penal code as part of the Islamic law are also based on this.

Justice is evaluated in two ways: one is that all people are equal before the law and there is no discrimination in the enforcement of criminal laws. Second, there must be proportionality between the crime and the punishment, and every criminal who deserves the same penalty is punishable not more or less. From the Islamic point of view, the principle of resemblance has been accepted as a primary principle in dealing with criminals, and the observance of the full equality between the offense and the punishment in the crimes of deliberate murder, the punishment of the members as a right has been accepted, and this equality Crime and punishment is the simplest and most basic concept used in criminal justice.

Therefore, the fairest penalty is to be more proportionate to the crime. Accordingly, retaliation is the most just punishment that can be considered for a crime. Therefore, one of the conditions of retaliation in Islam is the possibility of equality and equality of offenses and punishment, and if there is no possibility of observance of this equality, or if punishment leads to more severe offenses, the retrial will not be enforced. Islam discriminates against retaliation against unfair practices in the discriminatory practices of ignorance. Also, the need to observe justice in the execution of qisas has led many Sunni jurisprudents, as well as some Shi’a jurisprudents, to the ruling that retaliation should be of the same quality as the murder, unless it is a killing of a haram act In this case, compliance with the quality of retaliation is not necessary.

In this regard, it has been said that if someone killed a victim by burning, drowning, killing a rock on his head or preventing him from drinking water and food, he would be retaliatory. But if, for example, someone engulfed in jealousy or debauchery leads to another murder, it is not permissible to take equal treatment in retaliation.

Among the Sunni, Malik, Shafi’i and Ahmad ibn Hanbal, they have accepted this view, and in addition to the traditions, they have relied on revelations of retaliation and rebellion, saying that: The rule of justice and retaliation is that punishment is even possible. Like a crime.

From Shiite jurisprudents, Abu’lī and Ibn’Aqil also accepted this promise. Allameh considers the verse different from the point of view of reasoning, and the martyr in Mesalek considers this promise to be unmistakable.

The owner of the Assembly of Al-Bayan says: “Al-Jawaz al-Nemm is a consensus and a no-wisdom.” If there is no consensus on the issue, the observance of the law is permissible and apparently not consensual. However, in the face of the famous Shi’i jurisprudents, the retaliation is confined to slaughtering the face of the assassin Takes . This promise is documented in a well-known prophetic narrative that says: “La Qud al-Balisiyf” in Shiite jurisprudence is also the main reason for this consensus. However, the narrative is cited, in addition to disagreement and in another narrative, the necessity of the similarity in murder and retaliation is not reliable and not considered reliable among the Sunni jurisprudents and Muḥadzīṇas. The consensus of Shiite claims is not researched according to the scholar of Ardabili (inferior forms), and on the assumption of occurrence, these are documented (Kubra’s forms) and are void.

In the case of retaliation against members of the group and the imprisonment against which they are being prosecuted, it is necessary to observe criminal justice. In any case where it is possible to observe the rights in all respects, retaliation is permitted in the wording of the verse, and where observance of the possible equality The retribution should be abolished and this general principle is used in the sum of the issues that jurisprudents have done about retribution less than self. Thus, it can be said that the provision of criminal justice has been the subject of attention by the legislator of Islam as a proportion of the crime and punishment.

  1. B) Retribution and maintaining order and social security

Because the retaliation and philosophy on which this sentence is based is based on the particular viewpoint of Islam about the value and importance of humanity, why, before explaining the position of retaliation in maintaining order and social security in the view of Islam about the importance of life We are human.

From the point of view of Islam, the life of all living beings, especially humans, originates from the presence of Allah Almighty. On this basis, Islam does not allow the slightest violation and violation of it, and it has been considered punishable by human life from its earliest stages The placement of the spleen in the mother’s womb has been supported by Islam and any violation has been considered a crime in various stages of embryonic development.

The value of human life from the point of view of Islam and in the divine worldview is so high that the Holy Quran considers the commission of a murder deliberately committed by a believer man to be “impossible and we can not but murder him.”

Along with the verses of the Qur’an, there are many traditions that each point in some way emphasizes the importance and value of the human and heavy crime of deliberate murder, and in a narrative narrated by popular narration, Prophet (PBUH) says: “Allahya and We Fifa Ahoun Ali Allah, I am the murder of a believer, besides the truth “, and in another similar narrative,” Lizawal al-Daniyah Ahun Ali Allah, I am the murder of Muslim “, and also the statement that the Imam said:” Lutlah Al-Mumin, the Great One, Allah, the Death of Al-Dunya “These Treaties Highly Humane life and the sanctity of deliberate murder are therefore forbidden and forbidden. In this regard, Imam Sadiq (AS) said: “I am committing a self-righteous deed, Fahr al-Hadith Khalida Fifa,” as well as a narrative in a narrative, “and La Tattlova, the Infallibles of Allah, Khan Bekmu Rahima,” is a reason for self-denigrating.

Undoubtedly, one of the pillars of social life, human security, members of a community. In the absence of such a security, it can hinder all social progress and activities. For this reason, no society can be found indifferent to the phenomenon of murder and has not created rules and regulations to deal with it.

In Islamic sources, the most important function of the qisas law is to protect human life and preserve their blood.

Regarding the value of life from the point of view of Islam, the philosophy of Qisas can be fully understood, Ja’n al-Islami has established qisas as the best method of punishment for the fight against crimes against human life.

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