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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| Format: | Conference or Workshop Item |
| Language: | English English English |
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2013
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| Online Access: | http://irep.iium.edu.my/34583/ 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 |
| Summary: | 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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