مسقطات القصاص في التشريع الجنائي الإسلامي : دراسة فقهية مقارنة

Abstract EN

Focused on the subject under research_Al-Qisas Remissions in Islamic Criminal Legislation_the present study presents at first the definitions of various phrases used.

These are enriched with explanations-terminological and linguistic.

Among such phrases, four are prominent-Al-Musqitat; Al-Qisas; Al-Tashri; and Al-Jinayah.

In the subsequent discourse, the study presents variance between two types of Al-Qisa : Musqital al-Qisas (Al-Qisas Remissions); and Muwani al-Qisas (Al-Qisas Restraints.) The study, in its conclusive passages, offers following salient findings : 1.intentional killing is prohibited.

Likewise is the murder through enmity.

Both are haram and fall in the spectrum of flagrant sins.

2.Intentional killing, with inimical motivations, carries penalty in the present life_execution through Qisas; ransom (diya) payment; Kaffara and Tazir penalty.

In the life after death, the murderer will stay in permanent abode of Hellfire.

3.Remissions are applicable following judicial indictment.

4.Al-Muwani (restraints) are factors that serve as barriers between the person involved and his pursuits.

5.“Forgiveness" carries effectiveness.

It may be announced in any adequate term or expression.

6.Al -Taqadim (offense committed in the past) leads to no expiation