Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who...
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| Formato: | Proceeding Paper |
| Idioma: | English English English |
| Publicado em: |
2013
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| Acesso em linha: | http://irep.iium.edu.my/34583/3/Implementation_of__Qisas_Against_a_Muslim_1.pdf http://irep.iium.edu.my/34583/4/Booklet_on_human_rights_conference_1.jpg http://irep.iium.edu.my/34583/5/Booklet_on_human_rights_conference_2.jpg |
| _version_ | 1825647786224254976 |
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| author | Amanullah, Muhammad |
| author_facet | Amanullah, Muhammad |
| author_sort | Amanullah, Muhammad |
| collection | IIUM |
| description | Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who intentionally kills a dhimmi (a non-Muslim who, for the payment of a poll-tax, enjoys security of his person and property in a Muslim country) or a mu`ahid (a non-Muslim who dwells within the dar al-Islam under a contract of protection) is indeed liable to qisas. Other Muslim jurists, such as Shafi`i, Malik and Ahmad hold that he is not liable. Modern scholars, such as `Awdah, El-Awa and others, have discussed the issue briefly. Based on classical and modern fiqh literature, I shall examine the principal arguments used by Hanafi jurists to support their position, and also explore arguments cited by the opposing camp. Finally I shall try to give preference to the opinion which is based on stronger proofs and which conforms to the present public interest of Muslims and non-Muslims all over the world.
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| first_indexed | 2024-03-05T23:22:44Z |
| format | Proceeding Paper |
| id | oai:generic.eprints.org:34583 |
| institution | International Islamic University Malaysia |
| language | English English English |
| last_indexed | 2024-03-05T23:22:44Z |
| publishDate | 2013 |
| record_format | dspace |
| spelling | oai:generic.eprints.org:345832014-02-06T08:03:21Z http://irep.iium.edu.my/34583/ Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim Amanullah, Muhammad BP3790 Criminal law and procedure Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who intentionally kills a dhimmi (a non-Muslim who, for the payment of a poll-tax, enjoys security of his person and property in a Muslim country) or a mu`ahid (a non-Muslim who dwells within the dar al-Islam under a contract of protection) is indeed liable to qisas. Other Muslim jurists, such as Shafi`i, Malik and Ahmad hold that he is not liable. Modern scholars, such as `Awdah, El-Awa and others, have discussed the issue briefly. Based on classical and modern fiqh literature, I shall examine the principal arguments used by Hanafi jurists to support their position, and also explore arguments cited by the opposing camp. Finally I shall try to give preference to the opinion which is based on stronger proofs and which conforms to the present public interest of Muslims and non-Muslims all over the world. 2013 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/34583/3/Implementation_of__Qisas_Against_a_Muslim_1.pdf application/pdf en http://irep.iium.edu.my/34583/4/Booklet_on_human_rights_conference_1.jpg application/pdf en http://irep.iium.edu.my/34583/5/Booklet_on_human_rights_conference_2.jpg Amanullah, Muhammad (2013) Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim. In: National Conference on Human Rights in Islam: Issues and Challenges (CHRI2013), 12 - 13 November 2013, International Islamic University Malaysia. (Unpublished) |
| spellingShingle | BP3790 Criminal law and procedure Amanullah, Muhammad Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim |
| title | Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim |
| title_full | Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim |
| title_fullStr | Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim |
| title_full_unstemmed | Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim |
| title_short | Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim |
| title_sort | juristic disputes over implementation of qisas against a muslim who kills a non muslim |
| topic | BP3790 Criminal law and procedure |
| url | http://irep.iium.edu.my/34583/3/Implementation_of__Qisas_Against_a_Muslim_1.pdf http://irep.iium.edu.my/34583/4/Booklet_on_human_rights_conference_1.jpg http://irep.iium.edu.my/34583/5/Booklet_on_human_rights_conference_2.jpg |
| work_keys_str_mv | AT amanullahmuhammad juristicdisputesoverimplementationofqisasagainstamuslimwhokillsanonmuslim |