Jurisprudential Analysis of Qisas: The Views of the Maliki School of Jurisprudence

Abstract

To maintain peace and tranquillity in our societies/communities, and to protect the lives and properties of individuals living in a society, it is necessary to have certain rules and regulations that govern the whole system of society. Thus, some guidelines for each aspect of human life are therein. Islamic law took its origin in governing an Islamic state, to avoid injustice and to prescribe different forms of punishment which constitute the basic criminal justice system odf Islam. These include Qisas, Diyah, etc. Therefore, the Glorious Qur’an specifies not only the principles of retaliation (Qisas) but also gives an option of monetary compensation (Diyah) to be paid to the aggrieved family of the victim. The fact of fear of the consequences of punishment prescribed by Shari’ah will assist an individual to abstain from violating human dignity (by destroying his life and or property).