Learn Islamic Fiqh

Level 12- Offences

A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.

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An offence against life
Committing a murder or killing someone without a lawful cause is strictly forbidden in Islam as stated in Quran. Killing is categorized into three types; deliberate, semi-deliberate and accidental.

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Deliberate killing, or murder
Deliberate killing is a major sin, if the killer is a sane adult fulfilling 3 murder conditions he should be subjected to retribution of death as Qisas unless the victim's family forgives or accepts indemnity.

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Semi-deliberate killing, or manslaughter
The rule on semi-deliberate killing or manslaughter falls in between deliberate and accidental killing. The offender is to pay indemnity from his wealth to the victim's family.

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Accidental killing
Accidental killing does not incur a punishment in the hereafter, while the ruling in this life is that indemnity is payable by the offender and his relatives in of 3 years.

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Offences causing physical injury
A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.

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Wounds
There are 2 categories of wounds, to the face and to the rest of the body. There are 10 degrees of the 2 categories. It is left to the judge to determent the due compensation.

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Loss of limb
There are 3 categories of the offence causing a limb loss, deliberate, semi-deliberate and accidental. Qisas is applicable to the deliberate category only if 3 conditions are observed.

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Loss of function of a bodily organ
Qisas cannot be applied in case of losing a bodily organ, instead the victim has to be paid indemnity. If the loss cannot be assessed, the punishment is determined by a judge.

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Indemnity
Diyah or indemnity is the money given to the victim or to his immediate family due to an offence. Its payment is a duty based on the Quran, Sunnah and unanimity of scholars.

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Who is to pay
If an offence is deliberate and led to death, the indemnity should be given by the offender. If the offence is accidental, it is payable collectively by the offender’s relatives.

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The indemnity and its assessment
The important point when imposing a punishment is to be a deterrent, courts assess the indemnity payable according to the extent of the damage caused and suffering of the victim.

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