NCJ Number
87488
Date Published
1982
Length
7 pages
Annotation
Under Islamic law, Quesas crimes (murder, voluntary and involuntary killing, and intentional and unintentional physical injury) involve the sanctions of retaliation or compensation.
Abstract
In non-Muslim law, the Quesas crimes of Islam are murder, voluntary and involuntary homicides, or manslaughter. Quesas crimes are considered violations of the rights of individuals, which is the basis for the requirement to satisfy and compensate the victim or his/her family. The sanctions prescribed are the equivalent infliction of physical harm against the person who committed the act or the payment of Diyya for compensation; however, the Qu'ran (Islam's authoritative scriptures) provides for other Quesas sanctions, including exile, prohibition from inheritance, and prohibition from the right to dispose of one's property by testamentary disposition. The penalties exacted cannot be greater than that suffered by the victim, and they must be performed in the manner least likely to cause pain. Between retaliation and compensation, the Qu'ran indicates a preference for compensation and forgiveness, which negates the application of retaliation. In several schools of law, the crimes for which retaliation is applicable are limited to intentional killings and intentional infliction of serious and permanent bodily harm. Because of the seriousness of the retaliation principle, a variety of evidentiary requirements must be satisfied. The compensation (Diyya) is similar to a fine, except that the payment goes to the victim or his/her family. The state is permitted to act for the victim or his/her family in securing the compensation payment. The policy of having family members of the offender be responsible for victim compensation is intended to encourage families to exert control over their members. Twelve footnotes are provided.