Relationship of maqasid al-shariah with al-qesas and diyah: analytical view

al-Qisas is considered in the Islamic law, the largest and the most important factors for the stability of justice in the society and the feeling of secure in the hearts of people, and it also preserving the human dignity and freedom. It is a purification for the murdered and the life of the mankind...

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Main Authors:	Muhammad Husni, Ahmad, Mohd Nor, Amir Husin, El-Seoudi, Abdel Wadoud Moustafa Moursi, Ibrahim, Ibnor Azli, Laluddin, Hayatullah, Samsudin, Muhammad Adib, Omar, Anwar Fakhri, Alias, Muhammad Nazir
Format:	Article
Language:	English
Published:	Medwell Publications 2012
Subjects:	KBP173.25 Islamic law and other disciplines or subjects
Online Access:	http://irep.iium.edu.my/70006/ http://irep.iium.edu.my/70006/ http://irep.iium.edu.my/70006/ http://irep.iium.edu.my/70006/1/3-%202012%20-%20%28725-730%29%20Relationship%20of%20Maqasid%20Al-Shariah%20with%20Qisas%20and%20Diyah%20Analytical%20View%20%28Medwell%29.pdf

id	iium-70006
recordtype	eprints
spelling	iium-700062019-04-19T07:17:22Z http://irep.iium.edu.my/70006/ Relationship of maqasid al-shariah with al-qesas and diyah: analytical view Muhammad Husni, Ahmad Mohd Nor, Amir Husin El-Seoudi, Abdel Wadoud Moustafa Moursi Ibrahim, Ibnor Azli Laluddin, Hayatullah Samsudin, Muhammad Adib Omar, Anwar Fakhri Alias, Muhammad Nazir KBP173.25 Islamic law and other disciplines or subjects al-Qisas is considered in the Islamic law, the largest and the most important factors for the stability of justice in the society and the feeling of secure in the hearts of people, and it also preserving the human dignity and freedom. It is a purification for the murdered and the life of the mankind, and the healed for the oppressed and justice between the murderer and the murdered. It is an equality between punishment and crime. It is from the law of Allah Glory which His law that far above other that prescribed by the the corrupted minds suggestion and opinions of the misguided oppressive. The punishment in Islam tends to justice and the protection of virtue and morality. Thereby, it tends to be equal to the crime and its effects. Without al-Qisas, people attacked each other violently, al-Qisas is prevention to the evil consequences of the blood violation by crime. This wise legislation preserves the life of people and their organs. al-Qisas is aimed to achieve the equality between crime and punishment so that the penalty shall be equal to the crime committed as al-Qisas is similar deterrent punishment awaiting for the criminal who deters the victim and his guardian and the community who he lives in with this dreadful crime. In addition to these meanings, al-Qisas heals the rage of the victim and the rage of his heirs. Thus, i adopted in this study the inductive and analytical approach to gather the views of jurists, researchers, their evidences and arguments on the subject and texts related to it trying to perform fundamental and judicial analysis to suit the contemporary reality and the intent of the Sharia, and to the practical approach which study of the subject in the field and applied study. The Islamic Sharia developed wise legislation to keep the souls of the people and limbs from being assaulted. They made the punishment of killing intentionally in the highest degree of penalty it is death and made it to the guardian of the murdered the right of amnesty for free or a replacement of money, and set for the mistaken murder some penalties which makes him sensitive human in his actions and wise deeds and more alert, and rises above all indulgence and lack of caution. In which does not lead the neglecters to destroy the life or organs, and this wise legislation preserves the life of people and their organs. Medwell Publications 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/70006/1/3-%202012%20-%20%28725-730%29%20Relationship%20of%20Maqasid%20Al-Shariah%20with%20Qisas%20and%20Diyah%20Analytical%20View%20%28Medwell%29.pdf Muhammad Husni, Ahmad and Mohd Nor, Amir Husin and El-Seoudi, Abdel Wadoud Moustafa Moursi and Ibrahim, Ibnor Azli and Laluddin, Hayatullah and Samsudin, Muhammad Adib and Omar, Anwar Fakhri and Alias, Muhammad Nazir (2012) Relationship of maqasid al-shariah with al-qesas and diyah: analytical view. The Social Sciences, 7 (5). pp. 725-730. ISSN 1818-5800 E-ISSN 1993-6125 http://docsdrive.com/pdfs/medwelljournals/sscience/2012/725-730.pdf 10.3923/sscience.2012.725.730
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP173.25 Islamic law and other disciplines or subjects
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects Muhammad Husni, Ahmad Mohd Nor, Amir Husin El-Seoudi, Abdel Wadoud Moustafa Moursi Ibrahim, Ibnor Azli Laluddin, Hayatullah Samsudin, Muhammad Adib Omar, Anwar Fakhri Alias, Muhammad Nazir Relationship of maqasid al-shariah with al-qesas and diyah: analytical view
description	al-Qisas is considered in the Islamic law, the largest and the most important factors for the stability of justice in the society and the feeling of secure in the hearts of people, and it also preserving the human dignity and freedom. It is a purification for the murdered and the life of the mankind, and the healed for the oppressed and justice between the murderer and the murdered. It is an equality between punishment and crime. It is from the law of Allah Glory which His law that far above other that prescribed by the the corrupted minds suggestion and opinions of the misguided oppressive. The punishment in Islam tends to justice and the protection of virtue and morality. Thereby, it tends to be equal to the crime and its effects. Without al-Qisas, people attacked each other violently, al-Qisas is prevention to the evil consequences of the blood violation by crime. This wise legislation preserves the life of people and their organs. al-Qisas is aimed to achieve the equality between crime and punishment so that the penalty shall be equal to the crime committed as al-Qisas is similar deterrent punishment awaiting for the criminal who deters the victim and his guardian and the community who he lives in with this dreadful crime. In addition to these meanings, al-Qisas heals the rage of the victim and the rage of his heirs. Thus, i adopted in this study the inductive and analytical approach to gather the views of jurists, researchers, their evidences and arguments on the subject and texts related to it trying to perform fundamental and judicial analysis to suit the contemporary reality and the intent of the Sharia, and to the practical approach which study of the subject in the field and applied study. The Islamic Sharia developed wise legislation to keep the souls of the people and limbs from being assaulted. They made the punishment of killing intentionally in the highest degree of penalty it is death and made it to the guardian of the murdered the right of amnesty for free or a replacement of money, and set for the mistaken murder some penalties which makes him sensitive human in his actions and wise deeds and more alert, and rises above all indulgence and lack of caution. In which does not lead the neglecters to destroy the life or organs, and this wise legislation preserves the life of people and their organs.
format	Article
author	Muhammad Husni, Ahmad Mohd Nor, Amir Husin El-Seoudi, Abdel Wadoud Moustafa Moursi Ibrahim, Ibnor Azli Laluddin, Hayatullah Samsudin, Muhammad Adib Omar, Anwar Fakhri Alias, Muhammad Nazir
author_facet	Muhammad Husni, Ahmad Mohd Nor, Amir Husin El-Seoudi, Abdel Wadoud Moustafa Moursi Ibrahim, Ibnor Azli Laluddin, Hayatullah Samsudin, Muhammad Adib Omar, Anwar Fakhri Alias, Muhammad Nazir
author_sort	Muhammad Husni, Ahmad
title	Relationship of maqasid al-shariah with al-qesas and diyah: analytical view
title_short	Relationship of maqasid al-shariah with al-qesas and diyah: analytical view
title_full	Relationship of maqasid al-shariah with al-qesas and diyah: analytical view
title_fullStr	Relationship of maqasid al-shariah with al-qesas and diyah: analytical view
title_full_unstemmed	Relationship of maqasid al-shariah with al-qesas and diyah: analytical view
title_sort	relationship of maqasid al-shariah with al-qesas and diyah: analytical view
publisher	Medwell Publications
publishDate	2012
url	http://irep.iium.edu.my/70006/ http://irep.iium.edu.my/70006/ http://irep.iium.edu.my/70006/ http://irep.iium.edu.my/70006/1/3-%202012%20-%20%28725-730%29%20Relationship%20of%20Maqasid%20Al-Shariah%20with%20Qisas%20and%20Diyah%20Analytical%20View%20%28Medwell%29.pdf
first_indexed	2023-09-18T21:39:23Z
last_indexed	2023-09-18T21:39:23Z
_version_	1777413037446135808

Relationship of maqasid al-shariah with al-qesas and diyah: analytical view

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