A research and analytical study of the jurisprudential arguments of Imāms Arba’ah regarding the obstacles of retribution

موانعِ قصاص سے متعلق ائمہ اربعہ کے فقہی دلائل کا تحقیقی و تجزیاتی مطالعہ

Abstract

According to Shari'ah, the punishment of Qisas is required for committing the crime of premeditated murder, and in Qisas, the criminal is repaid according to his actions and he is killed for murder. In the implementation of this punishment, it is equal If the crime of murder has been committed with a premeditated intention and ambush, or if there is no such thing in advance, the punishment for premeditated murder is retaliatory killing. Qisas punishment will only be issued unless there is a prohibition (Shari'a) that hinders the execution of the order, then taking Qisas will be prohibited. Rather, there is a difference between them. There are some reasons which have been adopted by most of the jurists and some which have been adopted by a few jurists. The statement of these reasons should be presented in detail. Will.According to Shari'ah, the punishment of Qisas is required for committing the crime of premeditated murder, and in Qisas, the criminal is repaid according to his actions and he is killed for murder. In the implementation of this punishment, it is equal If the crime of murder has been committed with a premeditated intention and ambush, or if there is no such thing in advance, the punishment for premeditated murder is retaliatory killing. Qisas punishment will only be issued unless there is a prohibition (Shari'a) that hinders the execution of the order, then taking Qisas will be prohibited. Rather, there is a difference between them. There are some reasons which have been adopted by most of the jurists and some which have been adopted by a few jurists. The statement of these reasons should be presented in detail.