نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The Holy Qur’an contains numerous verses addressing the ordinance of Qiṣāṣ (Retribution), which can be hermeneutically categorized into three primary classifications: The first comprises verses affirming the inviolability of life and the prohibition of unlawful killing; the second delineates the grave consequences of Homicide and its divinely ordained punishment as a deterrent; and the third expounds upon the juridical rulings for both intentional and unintentional Homicide, including the provisions for Diyah (Blood Money) and Qiṣāṣ. In its legislation, the Divine Lawgiver has placed paramount emphasis on the upholding of ʿAdl (Justice). While the specific term may not be explicitly mentioned in the pertinent verses, its principle is incontrovertibly inferred through implicit deduction from the nuanced composition and lexical precision of the text. Furthermore, Nahj al-Balāghah - the compendium of sermons, letters, and sayings of Imam ʿAlī (AS) - provides extensive exposition on the concept of ʿAdl, mandating its comprehensive application across all facets of individual and communal life. This study, employing a descriptive-analytical methodology, aims to delineate the position of Justice within the doctrine of Qiṣāṣ. Its findings posit that ʿAdl, in this context, is not synonymous with mere equality or uniformity. As per the Islamic Penal Code of Iran, if the execution of exact retribution would result in a disproportionate or greater physical harm to the perpetrator than that inflicted upon the victim, the application of Qiṣāṣ is impermissible, and the recourse is limited to the extraction of Diyah. The synthesis of Qur’anic and ʿAlid (from Nahj al-Balāghah) discourse on this matter underscores the Sharīʿah’s imperative for scrupulous adherence to Justice in Qiṣāṣ, elucidating the dimensions of this social norm which is fundamental to societal integrity and the preservation of enduring security.
کلیدواژهها English
