Tuesday, 3 January 2012

Qisas

By
Ustadz Kholid Syamhudi Lc

Understanding of Qisas during this sometimes still regarded as something very eerie, scary and inhuman; causing what is called "Islam phobia". And Allah Almighty described the Qisas in His word:

ولكم في القصاص حياة يا أولي الألباب لعلكم تتقون

And in it there Qisas (guarantee continuity of) life for you, O men of understanding, that ye may be righteous. [Al-Baqarah / 2:179]

Imam as-Syaukani rahimahullah explained this verse by stating: "Its meaning is that you have a guarantee of survival in the law that God Almighty is syariatkan; because if someone would be killed in Qisas know if he killed another man, surely he would not kill and will refrain from disparaging the murder as well as falling prey to it. So it is like a guarantee of survival for the human soul. This is a form of literature (Balaghah) high and perfect eloquence. Allah Almighty made the Qisas is actually a death, as a guarantee of survival, in terms of effects arising which could prevent humans kill each other in between. This is in order to maintain the existence of the human soul and the survival of their lives. Allah Almighty also explain this verse to ulul Albab (reasonable person); because they were the people who look far ahead and take refuge from the dangers that arise later. While people are silly, short and easy berfikiran emotions, they do not see a result that will pop up and not think about his future. "[1]

As a result of the attitude in a hurry and did not understand the nature of the Shari'a which Allah Almighty established, many people even Muslims who do not want to accept the rule of Qisas or sympathize with this. Though pensyariatan Qisas is the benefit for humans.

Prof. Sheikh. DR. Salih bin Fauzan-hafizhahullâh states: "Pensyariatan Qisas contains a mercy to human beings and care for their blood, as the word of Allah Almighty:

ولكم في القصاص حياة

And in it there Qisas (guarantee continuity of) life for you. [Al-Baqarah / 2:179]

So that very bad people who claim that the Qisas was something inhuman (barbarian) and hard. They do not see the barbarism of the murder when the killing of innocents, when sowing fear in the area and when the women became widows, orphaned children and the destruction of the household. They are only sorry for the perpetrators and no compassion for the innocent victims. Really ugly and superficial sense them. Allah Almighty says:

أفحكم الجاهلية يبغون ومن أحسن من الله حكما لقوم يوقنون

Is Ignorance of law they want, and (legal) who is better than the (law) of Allah for those who believe? [Al-Mâ'idah / 5:50] "[2]

For that much needed explanation of Qisas is so the Muslims could understand the beauty and grace that is in it.

DEFINITION Qisas.
Qisas derived from the Arabic of the word قصا ص which means finding the trail such as al-Qasas. Whereas in Islamic legal terms means the perpetrators of crimes such as deeds rewarded, if killing is rewarded with being killed and dismembered the body when it is cut off limbs. [3]

While Sheikh Prof. Salih bin Fauzan - hafizhahullâh-mendefiniskannya with: 'Al-Qisas is the action (retaliation) the victim or his guardian against the same perpetrator or perpetrators of such acts before. [4]

It can be concluded Qisas is doing the same or similar retaliation, as the term "life debt paid life".

BASIC PENSYARIATAN
Qisas is prescribed in al-Qur'ân and Sunnah and ijma '. Among the evidence of al-Qur'ân is the Word of Allah Almighty:

يا أيها الذين آمنوا كتب عليكم القصاص في القتلى الحر بالحر والعبد بالعبد والأنثى بالأنثى فمن عفي له من أخيه شيء فاتباع بالمعروف وأداء إليه بإحسان ذلك تخفيف من ربكم ورحمة فمن اعتدى بعد ذلك فله عذاب أليم ولكم في القصاص حياة يا أولي الألباب لعلكم تتقون

O ye who believe, incumbent upon you Qisas with respect to the people who were killed; free people with free people, a servant of the servants, and women with women. Whoever gets a pardon from his brother, let (the forgiving) follows in a good way, and let (a given sorry) pay (blood money) to apologize in a way that gives a good (well). That is an alleviation and a mercy from Rabbmu. Anyone who exceeds the limit after that, then it is a painful torment for him and the Qisas exist (guarantees the continuity of) life for you, O men of understanding, that ye may be righteous. [Al-Baqarah / 2:178-179]

While the proposition of the Sunnah of them is the hadeeth of Abu Hurayrah, the Prophet sallallaahu 'alaihi wa sallam said:

من قتل له قتيل فهو بخير النظرين إما أن يفدى وإما أن يقتل

Who were the families of victims killed so he chose two options, can choose diyat and can Qisas (back suicide). [HR al-Jama'ah]

Meanwhile, at-Tirmidhi narrated rahimahullah with lafazh:

من قتل له قتيل فهو بخير النظرين إما أن يعفو وإما أن يقتل

Who were the families of victims killed then he has two options, can choose to forgive him or kill him. [5]

Verses and hadith on the show guardian (family) deliberately murder victims have the option to kill the offender (Qisas) when will it, if not, can choose diyat and forgiveness. On the origin of forgiveness more mainstream, while not deliver to mafsadat (damage) or any other kemashlahatan. [6]

Shaykh al-Islam Ibn Taymiyyah rahimahullah reinforce that can not grant forgiveness on al-ghîlah qatlu (murder by deceiving the victim). [7]

While Ibn al-Qayyim may Allaah have mercy when relaying the story of al-'Urayinin states: 'al-ghîlah Qatlu sue the culprit must be killed in HAD (punishment), so it can not fall to look for forgiveness and not kesetaraannya (mukâfaah). This is the opinion of the people of Medina and one of the two opinions in the madhhab of Ahmed and boosted by the Sheikh (Ibn Taymiyyah - pen) and he rahimahullah berfatwa with him. '[8]

HIKMAH PENSYARIATAN Qisas
Allah al-Hakim establish a Shari'a statutes with great wisdom. Wisdom-the wisdom is there known to man and there is a secret only God Almighty. Similarly, in Qisas there are many lessons, among them:

1. Keeping the community from crime and arrest any person who will shed the blood of others. Therefore Allah Almighty mentioned in His word:

ولكم في القصاص حياة يا أولي الألباب لعلكم تتقون

And in it there Qisas (guarantee continuity of) life for you, O men of understanding, that ye may be righteous. [Al-Baqarah / 2:179]

2. Bring about justice and helping the terzhalimi provide facilities for the guardians of victims to avenge the perpetrators as he does to the victim. That is why Allah Almighty says:

ومن قتل مظلوما فقد جعلنا لوليه سلطانا فلا يسرف في القتل إنه كان منصورا

And whoever killed the wrongdoers, then indeed We gave power to his heir, but let not the heirs it exceeds the limit in the killing. Indeed he is the one who gets help. [Al-Isra '/ 17:33]

3. Be a means of repentance and purification from sin that has been violated by him, because Qisas be kaffârah (eraser) sin culprit. It is described the Prophet sallallaahu 'alaihi wa sallam in his saying:

تبا يعوني على أن لا تشركوا بالله شيئا ولا تسرقوا ولا تزنواولا تقتلواأولادكم ولاتأتواببهتان تفترونه بين أيديكم وأرجلكم ولا تعصوا في معروف فمن وفى منكم فأجره على الله ومن أصاب من ذلك شيئا فعوقب في الدنيا فهو كفارة له ومن أصاب من ذلك شيئا فستره الله فأمره إلى الله إن شاء عا قبه وإن شاء عفا عنه

You must berbai'at me for not doing shirk, do not steal and do not commit adultery, do not kill your children, do not lie and disobeyed the terms of the ma `ruf. Whoever among you, it will be fulfilled on God and who violate
then punished some of the world, then the sentence as an eraser for him and who break them and Allah will cover; then handed over his business to God. If He wills it mengadzabnya and forgive him if he wanted it '. [Agreed upon him].

TERMS OF LIABILITY Qisas
In general guardian (family) if the victim's right to demand Qisas meets the following requirements:

1. Jinayat (crime) it includes deliberate. This is the ijma 'of scholars as Ibn Qudama rahimahullah stated:' The `Ulama berijmâ that Qisas is not mandatory except in deliberate murder and we are not aware of any difference of opinion among them the obligation of Qisas for murder with a deliberate, if the conditions are met. [9]

2. Victims include people who protected their blood ('Ishmat al-Maqtûl) and not a lawful blood, such as harbi and infidels who have married adulterer. This is because the Qisas is prescribed to maintain and protect lives.

3. Killer or perpetrator of a crime who is intelligent and baligh mukallaf. Ibn Qudama rahimahullah stated: 'There is no difference of opinion among the scholars that no Qisas against small children and lunatics. Similarly, people who lost my mind with udzur cause, such as sleeping and fainting. [10]

4. At-takâfu '(equality) between the victim and the killer when a crime occurs in the side of religion, free and slave. So it is not diqishâsh a Muslim for killing infidels; with the basic words of the Prophet sallallaahu 'alaihi wa sallam:

لايقتل مسلم بكافر

It is not killed (Qisas) for a Muslim to kill unbelievers. [11]

5. No descendant relationship (birth) to the provisions of the murdered victim is a child killer or his grandson, with the basic words of the Prophet sallallaahu 'alaihi wa sallam:

لايقتل الوالد بولده

Parents do not diqishâsh with cause (kill) her son. [12]

While killing a child when his parents still be exposed to liability Qisas generality.

TERMS OF Qisas
If the conditions are met Qisas obligation entirely, it still needs to be filled again the terms of its implementation. The requirements are:

1. All caregivers (family) victims are entitled to demand Qisas mukallaf. If the right to demand Qisas or in part is a small child or insane, it can not be represented by his guardian, for the purpose of satisfying existing Qisas and retaliation that mandatory jail awaiting execution by the perpetrators of the murder until the child becomes baligh or insane person is conscious. This is done Mu'awiya ibn Abi Sufyânz that imprisons Hudbah bin Khasyram in Qisas to child victims become baligh. This is done at the age of the Companions and no one denies that seemed to be consensus at the time of his. If the child or insane person living needs of the guardian, the guardian lunatics are allowed to give forgiveness to ask diyaat qishaash, because people are crazy not clear when
recovery is different from a child. [13]

2. Agreement of the guardian of victims killed in Qisas and involved in its implementation. If some of them even though one of Qisas then forgive the gugurlah Qisas. [14]

3. In its implementation does not transcend the limits to other than murder, on the basis of word of Allah Almighty:

ومن قتل مظلوما فقد جعلنا لوليه سلطانا فلا يسرف في القتل إنه كان منصورا

Whoever killed the wrongdoers and, verily, We gave power to his heir. But the heirs do not exceed the limits in killing it. Indeed he is the one who gets help. [Al-Isra '/ 17:33]

If Qisas causes beyond the prohibited behavior as described in the paragraph above. Thus, if a pregnant woman would not be until then diqishâsh diqishâsh to give birth to her, for killing the woman is pregnant will cause the death of the fetus. Though the fetus is innocent, Allah Almighty says:

ولا تزر وازرة وزر أخرى

And a wicked person will not bear the sins of others. [Al-An `am / 6:164]

WHO IS DOING THE RIGHT Qisas?
Those entitled to do so is that the trustees have the right of the victim, provided Qisas able to perform well according to the Shari'a. If not able, then handed over to the government or its representatives. This is of course with the supervision and auspices of the government or its representatives in order to prevent it exceeded the limit in actual attitudes and force executors fulfilled according to shari'ah. [15]

Similarly, some laws about Qisas; hopefully be able to provide enlightenment for their beauty and importance of implementing Qisas in our society. Wabillâhi Taufiq.

MARÂJI ​​':
1. Imam Ibn Qudama, al-Mughni, tahqiq 'Abdullah bin' Abdilmuhsin at-Turk, prints to-2 from 1413
H. Hajar publishers.
2. Fauzan bin Salih al-Fauzan, Al-Fiqh al-Mulakhash, mold to the year 1426 H-2, Jam'iyah Ihya 'at-Turâts al-Islami.
3. Muhammad ibn Saalih Ibn 'Uthaymeen, ash-Syarhul-Mumti' 'Ala-Mustaqni Zâdil', first printed in 1428 H, Dar Ibn al-Jawzi, KSA 14 / 5
4. Nâshirudin Muhammad al-Albani, Irwâ'ul-Ghalîl, al-Maktab al-Islami. Etc.

[Copied from magazines Sunnah 08/Tahun XIII/1430H/2009M Edition. Published Foundation Lajnah Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Km.8 Selokaton Gondanrejo 57 183 Tel. 0271-858197 Fax 0271-858197]
_______
Footnote
[1]. Fathul-Qadir 1 / 179 quoted from al-Fiqh al-Mulakhash 2 / 471
[2]. Al-Fiqh al-Mulakhas 2 / 475
[3]. Ash-Syarhul-Mumti '14/34
[4]. Al-Fiqh al-Mulakhas 2 / 476
[5]. HR at-Tirmidhi no. 1409
[6]. See Al-Fiqh al-Mulakhash 2 / 473 and Al-Syarhul-Mumti '14/34
[7]. Al-Fiqh al-Mulakhash 2 / 473
[8]. See Hasyiyah Raudh ar-al-Murbi '7 / 207
[9]. al-Mughni 11/457
[10]. al-Mughni 11/481
[11]. Bukhari, no. 111
[12]. Ibn Majah no. 2661 and classed as saheeh al-Albani in Irwâ 'al-Ghalîl no. 2214
[13]. See Al-Fiqh al-Mulakhash 2 / 476
[14]. See Ash-Syarhul-Mumti '14/38
[15]. See Ash-Syarhul-Mumti '14/54 and Al-Fiqh al-Mulakhas 2 / 478.

2 comments:

  1. What would the proper qisas be for a murdered young child, kidnapped and killed with deliberate cruelty and viciousness? And how is qisas extended, from the actual killer/kidnapper(s) ... to anyone else who has obstructed justice, or helped or hidden those who committed this crime? Against a little boy, defenseless, terrified? Is that not a horrible offense in the eyes of Allah? And should I, as the mother, FORGET my son, or LISTEN to the AMERICANS who tell me to do so? I think they say such things, because they do not like Muslims, or Muslim children, and do not wish to be caught in such offenses. They worry only about their own people. Kidnap witnesses, even tho American, were crying hysterically, and could not stop crying. At the violence and cruelty. Police "lost" all police reports. Can Qisas under Shariah be extended to those who "lose" their honor by helping to hide or cover up the killing of an innocent little 8 yr old? That is not right. That is why it is good to cut off heads... I think, as a mother. Maybe then, if THEY feel fear, as my CHILD felt fear, Americans might start to develop some minor level of compassion or empathy. Even for Muslims. Or Muslim children. Or Muslim mothers. They are like animals, these American males, since 911. What would traditional teaching say is the best way to hunt down and punish such people? OR to force such people to hunt down and punish themselves?

    ReplyDelete
  2. And along the same lines - of qisas, and of waiting for judgement and punishment to be visited on violent assailants, or a violent community ... WHY is there not more aggressive pursuit of qisas against those Americans - here in Mclean Virginia, (CIA HQ), or Tysons Corner Virginia (one of two Blackwater / Academi HQ), or Arlington VA (Pentagon), or Pensacola FLA (Gitmo extended command) - who carried out torture, horrible violent assault and other crimes bearing qisas penalties, after Sept. 11? If Allah tells us that "persecution is worse than murder," what would Allah say about torture? Americans knew very well that most of their victims after Sept. 11 were not Al Queda, did not fit any Al Queda profiles - they were either children or otherwise too young, or female or pregnant mothers, etc ... but they were just exercising their anger. At anyone Arab or Muslim. Even tho Sept. 11 was also an exercise of anger; Americans said that was wrong. Then turned around and displayed their own anger. And Americans - if we look at Japan and the nuclear attacks - have burned more people or bombed or otherwise killed more people historically, than Al Queda ever did. And unlike Al Queda, they even rape and murder their own children, often. By the thousands each year, in the US. And unlike Imans, their own priests rape children. But if anyone watched ANY OF THE TORTURE TAPES ... or ANY OF THE HELICOPTER KILL TEAM TAPES, WITH CREW LAUGHING WHILST KILLING MOMMIES WITH CHILDREN IN THEIR ARMS, or listened to US military describe raping and killing 13 yr olds and their entire families, slashing them to death whilst laughing ... HOW IS THAT ANY DIFFERENT OR ANY BETTER THAN ANY AL QUEDA OR ISIS ACT? I SEE NO DIFFERENCE BETWEEN ANY AMERICAN AND ANY TERRORIST. Except that terrorists usually kill their victims much more quickly. And there is not the preoccupation with sexual perversion or sexual assault that we see with American or American military or ACADEMI (Blackwater) or American CIA or DIA acts. What would qisas guidance be on the entire American torture or violent assault platform, since Sept. 11? These people in many cases, or at least their leadership, still walk openly here in these areas. And it is sickening to have to be aware of this. These are animals waiting to strike again, that Europe wanted to put to death, as death / execution is the official penalty under international law, for "torture." WHY is America being let off the hook? Shouldn't its black president bear all of these sins, if he insists on protecting such people? Because whether Americans are killing one defenseless screaming child, and laughing ... or killing thousands or hundreds of Iraqis, and laughing ... or torturing defenseless teens or raping them or their grandmothers, before killing them, and laughing .... (always in most of our tapes of them they are laughing, like animals or Jin) ... it is the same offense. Same attitude. Same culture. Do we want this culture to go without punishment? Or such attitudes to take root in the world? Perhaps the next time any American criticizes ISIS, someone should pull out one of these tapes, as they still exist in Europe, in the Special Rappateur's office in various locations, and play them for international media. If we let Americans off the hook - for ANY violence - they historically get worse. The US culture is based on perversion, blasphemy, sexual assault of any child, pornography, legal prostitution, gaming .. and violence. Perhaps a good qisas would be to kidnap a few thousand American military and police and FBI children and wives, and TORTURE AND RAPE AND KILL THEM? As Americans did to others - families, children - since 2001. Academi (Tysons Corner, Virginia) murdered 27 families and children in cold blood. There has never been a dispute that ANY of these acts - torture, rape, cruel and degrading treatment or murder of thousands after 911 - were committed by Americans; just a dispute by Americans over whether they had the "right" to commit such acts. Whilst others do not ..

    ReplyDelete