Qisas which we know sometimes still regarded as something very eerie , scary , and inhumane , causing attitude called " Islam phobia " . In fact , Allah in His word ,
ولكم في القصاص حياة يا أولي الألباب لعلكم تتقون "
And in it there qisas ( security of ) life for you , O people of understanding , that ye may fear Allah . "
(Surat al - Baqara : 179 ) .
Imam ash- Syaukani explain this verse by stating ,
" It means you have a legal guarantee of survival in the AllahSubhanahu wa Ta'ala syariatkan this , because if someone knows qisas be killed if he kills someone else , he certainly will not kill and refrain from facilitating and plunged him . Thus , it was like standing guarantee for the survival of the human spirit . It is a form of literature ( balaghah ) high and perfect fluency . Allaah made the actual qisas is death as a guarantee of survival , in terms of its consequences , prevention of human form to kill each of them . This is in order to keep the existence of their souls and their khidupan sustainability . Allaah also said this verse to ulil albab ( intelligent person ) , because they were the ones that looked far ahead and take refuge from the dangers of the emergence of follow later . As for the worthless , he minded and easy emotion , anger and emotions flare up when she was not looking at a result which appears later and he was not thinking about his future . "
[ 1 ] Due to being in a hurry and do not understand the nature of Shariah which Allaah set , many people even Muslims who do not want to accept or sympathy for the enforcement of qisas . In fact , pensyariatan qisas will bring benefit to humans . Prof. Shaikh . Dr. . Salih bin Fauzan stated , " qisas Pensyariatan shows mercy for humans and for custody of their blood , as Allah Subhanahu wa Ta'ala ,
ولكم في القصاص حياة '
And in it there qisas ( security of ) life for you . '
(al - Baqara : 179 ) .
So , how ugly the person who stated that qisas was something inhuman ( savage ) and hard . They do not see the barbarism of murder when the killing of innocents , when spread fear in the area , and when the women made widows , orphaned children , and the destruction of the household. They are just criminals and not mercy mercy innocent victim . It's ugly and shallowness of their intellect .
Allah 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 God for the people who are sure ? ' (al - Ma'idah : 50 )[ 2 ]
To that end , an explanation of qisas is very necessary , so that the Muslims can understand the beauty and grace that is in qisas . Definition of Qisas word " qisas " ( قصاص ) derived from an Arabic word meaning " to trace " , such as " al - Qasas " . While in terms of Islamic law , its meaning is rewarded criminals as his actions , when he was killed and then killed when he cut off the limbs of the body was also cut .[ 3 ]
Meanwhile, Prof Shaikh . Dr. . Salih bin Fauzan mendefiniskannya with , " Al - Qisas is the action ( retaliation ) or guardian of the victim of the same perpetrator or perpetrators of such acts before . " [ 4 ]
It can be concluded that the qisas is taking the same or similar retaliation , similar to the term " life- debt paid with their lives " . Basic Pensyariatan Qisas Qisas is prescribed in the Quran and as- Sunnah , and ijma ' .
Among the arguments from the Koran is the word of Allaah ,
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 those who believe , qisas obliged upon you with respect to the people who were killed . Free people with free people , slaves with slaves , and women with women . So , anyone who gets a pardon from his brother, let ( pardon ) to follow in a good way , and let ( fed sorry ) pay ( diyat ) to the forgiveness in a good way ( anyway ) . That is an alleviation from your Lord and a mercy . Any person who transgresses thereafter , for him it is a painful chastisement . And in it there qisas ( security of ) life for you , O people of understanding , that ye may fear Allah . " (Surat al - Baqarah : 178-179 ) .
While the arguments of the Sunnah of them is the hadeeth of Abu Hurayrah radi ' anhu , that the Prophet sallallaahu ' alaihi wa sallam said ,
من قتل له قتيل فهو بخير النظرين إما أن يفدى وإما أن يقتل "
Whoever becomes the victim's family was killed so he chose two options , can choose diyat and can also be killed ( qisas ) . " ( Narrated by al - Jama'ah ) .
While the history of at - Tirmidhi is the pronunciation ,
من قتل له قتيل فهو بخير النظرين إما أن يعفو وإما أن يقتل
" Whoever becomes the victim's family was killed so he chose two options , can choose to forgive him and kill him . "[ 5 ]
verses and hadith above shows that the guardians ( families ) with deliberate homicide victim has the option to kill the perpetrator ( qisas ) if willing, if not able to choose diyat and forgiveness . At its origin , forgiveness is more important , for not delivering kepadamafsadat ( damage ) or there are other kemashlahatan .[ 6 ]
Shaykh al-Islam Ibn Taymiyyah rahimahullah me rajih -kan , that forgiveness should not be given to al - ghilah qatlu ( murder to deceive the victim ) .[ 7 ]
While Ibn al - Qayyim rahimahullah , when relaying the story of al - ' Urayinin , stated , " al - ghilah Qatlu murder requires actors had done ( penalty ) , so do not fall for her punishment with forgiveness and not seen again equality ( mukafah ) . This is the school of Medina expert and one of the two opinions in the school of Ahmad , as well as the dirajihkan ash Shaykh ( Ibn Taymiyyah , pen ) and beliaurahimahullah berfatwa with this opinion . "[ 8 ]
God's Wisdom Pensyariatan Qisas al - Hakim establish a Shari'a provisions with great wisdom . Wisdom - the wisdom there is known to man and there is a secret that only Allaah . Likewise , there are many lessons in qisas , including :
1 . Keeping the community from crime and detain any person who will shed the blood of others. That is mentioned by
Allah Subhanahu wa Ta'ala in His word ,
ولكم في القصاص حياة يا أولي الألباب لعلكم تتقون "
And in it there qishas ( security of ) life for you , O people of understanding , that ye may fear Allah . "
(al - Baqara : 179 ) .
2 . Delivering justice and helping the oppressed people , to make it easy for the victim to reply to the trustee as was done offender to the victim . Therefore, Allah says ,
ومن قتل مظلوما فقد جعلنا لوليه سلطانا فلا يسرف في القتل إنه كان منصورا
" And whoever killed unjustly , then indeed We have given power unto his heir , but the heirs do not exceed the limits in the killing . Indeed he is the one who gets help . " (al - Isra ' : 33 ) .
3 . Becoming a means of repentance and cleansing from sin that has been violated , as qisas be kafarah
( sin ) for the culprit . It is described shallalllahu Prophet ' alaihi wa sallam in his saying ,
تبايعوني على أن لا تشركوا بالله شيئا ولا تسرقوا ولا تزنوا قرأ عليهم الآية فمن وفى منكم فأجره على الله ومن أصاب من ذلك شيئا فعوقب عليه فهو كفارة له ومن أصاب من ذلك شيئا فستره الله عليه فهو إلى الله إن شاء عذبه وإن شاء غفر له
" ' Berbai'atlah me not to do shirk , do not steal , and do not commit adultery . ' He recited to them verses , ( and said ) , ' Whoever among you is fulfilled then there is the reward of Allaah , and whoever who violate the law in the last part of it as punishment for her sin . ( As for ) the one who violated the God cover the affairs submitted to God , when He wills and He mengazabnya and when He wills and He forgives . " ( Agreed upon ) . Terms obligation Qisas In general , guardian ( family ) the victim entitled to claim qisas , if the following conditions have been met :
1 . Jinayat ( crime ) it includes intentional . This is ijma of the scholars , as stated by Ibn Qudamah rahimahullah , " The scholars Air- ijma ' that qisas is not mandatory , unless the deliberate murder , and we are not aware of any disagreement between them in their obligations ( as punishment on ) murder deliberately , if its terms are met . "
[ 9 ] 2 . Victim include people who protected the blood ( ' ishmat al - maqtul ) and not the lawful blood , such as the infidel harbi and adulterer who has been married . This is because the qisas is prescribed to maintain and protect the soul . 3 . Killers or the perpetrator is someone who mukalaf , namely rational and baligh . Ibn Qudamah rahimahullah stated , " There is no disagreement among scholars that no qisas against small children and the insane . Similarly, people who lose their minds to cause aging , such as sleep and pass out . "
[ 10 ] 4 . At- takafu ' ( equality ) between the victim and the killer when a crime occurs in terms of religion , liberty , and slaves . Thus, a Muslim is not in - qisas with because killing infidels , with the basic words of the Prophet sallallaahu ' alaihi wa sallam ,
لا يقتل مسلم بكافر
" It is not a Muslim was killed ( in - qisas ) with reasons to kill the unbelievers . "
[ 11 ] 5 . There is no relationship descent ( childbirth ) , provided that the victim is a child killer murdered or grandchildren , with the basic words of the Prophet sallallaahu ' alaihi wa sallam ,
لا يقتل الوالد بولده
" Parents are not in - qisas with cause ( kill ) her . "
[ 12 ] Shaykh as- Sa'di rahimahullah when explaining the mandatory requirements stated qisas , " killer not the victim's parents , because the parents were not killed because killing her son . "
[ 13 ] Meanwhile, when a child kills his parents , then the child is still exposed to the generality of the obligation qisas . Terms implementation of Qisas If the conditions are met entirely qisas obligations , then the terms of its implementation still need to be met . The requirements are:
1 . All carers ( family ) the victim is entitled to demand qisas mukalaf . If the right to demand qisas or in part is a small child or insane , then the right of qisas prosecution can not be represented by a guardian , for the purpose of satisfying are qisas ( victim's family ) and retaliation . Thus , execution of qisas shall be suspended , by imprisoning murderers until the child becomes of legal age or insane person is conscious . This is done Mu'awiya ibn Abi Sufyan who imprison Hudbah bin Khasyram in qisas , until the child becomes of legal age victims . This in done in the time of the Companions and no one would deny it , so it seemed to be a consensus ' in his future . If a child or an insane need a living from the guardian , the guardian of a lunatic who should give forgiveness by asking diyaat qisas , because crazy people are not clear when the recovery is , in contrast to a small child .
[ 14 ] 2 . Agreement victims killed guardians and are involved in the execution of qisas . If most of them - although only a - forgive the killer of qisas , then the qisas gugurlah .
[ 15 ] 3 . Safely in the implementation of the beyond to other than murder , on the basis of the word of Allaah ,
ومن قتل مظلوما فقد جعلنا لوليه سلطانا فلا يسرف في القتل إنه كان منصورا
" And whoever is killed unjustly , then indeed We have given power unto his heir , but the heirs do not exceed the limits in the killing . Indeed he is the one who gets help . " (al - Isra ' : 33 ) .
If qisas causes beyond attitude , then it is forbidden , as described in the paragraph above . Thus , if the pregnant woman will be in - qisas , then he is not in - qisas until she gave birth to her son , of killing a pregnant woman in a state that will lead to the death of her fetus . Though the fetus is innocent . Allaah says ,
ولا تزر وازرة وزر أخرى
" And one would not carry the sins of others . " (Surat al - An'am : 164 ) .
Who is Eligible Qisas Doing ? Are entitled to do so is that the right , which is the guardian of victims , with the proviso able to do well in accordance with the law of qisas . 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 the attitude exceeded the limit in practice , as well as to force the implementing Shari'a compliant fulfilled . (source: forpimekkah.blogspot.com)
Author : Ustadz Kholid Syamhudi , Lc . articles EkonomiSyariat.com
reference :
1 . Imam Ibn Qudamah , al - Mughni , Abdullah bin Abd al- Muhsin tahqiq at -Turk , second edition , 1413 H , publishers Hajar .
2 . Salih bin Fauzan al - Fauzan , al - Fiqh al - Mulakhash , second printing , in 1426 H , Jam'iyah Ihya ' at - Turath al - Islami .
3 . Muhammad bin Salih Ibn Uthaymeen , al- Syarhu al - Mumti ' ' ala Zad al - Mustaqni ' , first printing , 1428 H , Dar Ibn al - Jawzi , KSA , 14/5 .
4 . Muhammad al - Albani Nashirudin , Irwa ' al - Ghaalil , al - Maktab al - Islami .
5 . Others .
Footnotes : [ 1 ] Fathu al - Qadir : 1/179 , quoted from al - Fiqh al - Mulakhash : 2/471 . [ 2 ] Al - Fiqh al - Mulakhash : 2/475 . [ 3 ] Ash- Syarhu al - Mumti ' : 14/34 . [ 4 ] Al - Fiqh al - Mulakhash : 2/476 . [ 5 ] HR . at - Tirmidhi , no. In 1409 . [ 6 ] See : al - Fiqh al - Mulakhash : 2/473 and al- Syarhu al - Mumti ' : 14/34 . [ 7 ] Al - Fiqh al - Mulakhash : 2/473 . [ 8 ] See : Hasyiyah ar - Raudh al - Murbi ' : 7/207 . [ 9 ] al - Mughni : 11/457 . [ 10 ] al - Mughni : 11/481 . [ 11 ] HR . al - Bukhari , no. 111 . [ 12 ] HR . Ibn Majah no. 2661 and graded Saheeh by al - Albani in Irwa ' al - Ghalil no. In 2214 . [ 13 ] Minhaj as- Salikin , p . 237 . [ 14 ] See : al - Fiqh al - Mulakhash : 2/476 . [ 15 ] See : al- Syarhu al - Mumti ' : 14/38 . [ 16 ] See : al- Syarhu al - Mumti ' : 14/54 and al - Fiqh al - Mulakhash : 2/478 .
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