Forgiveness in retaliation (Qesas) in jurisprudence’s texts of Islamic sects

Document Type : Research Paper

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Abstract

Forgiveness in retaliation would be valid when the person who request for retaliation has impossible conditions, so forgiveness of insane person, children or … is not valid by the idea of all jurisconsults. Jurisconsults are agreeing that persons who forgive retaliation are average blood and if a slain hasn’t had average blood, the governor is his/her average blood. But there are different views about forgiveness of some member of average blood and forgiveness of governor in the case that the slain have average blood. From Imamiyah perspective forgiveness of some members of average bloods is invalid. In another case some average blood’s persons who want to perform retaliation and other members are disagree by paying others share could perform retaliation. Thus in idea of Soni’s jurisconsults forgiveness of some of average blood for retaliation is valid and retaliation’s right of other average blood would become invalid, because they discuss that retaliation is not resolvable and we couldn’t both kill or forgive the murderer at the same time. Most of jurisconsults think that forgiveness of murderer for governor without getting blood money is invalid; rather forgiving him/her is valid when getting blood money. Thus some of jurisconsults accept governor as average blood despite the slain has average blood, but with this condition that governor odds there is a mischief and sedition for performing of retaliation. In this case the governor without getting blood money would forgive the slain.

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Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)
Volume 9, Issue 36 - Serial Number 36
September 2014
Pages 58-69

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