Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim

Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who...

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Main Author:	Amanullah, Muhammad
Format:	Conference or Workshop Item
Language:	English English English
Published:	2013
Subjects:	BP3790 Criminal law and procedure
Online Access:	http://irep.iium.edu.my/34583/ http://irep.iium.edu.my/34583/3/Implementation_of__Qisas_Against_a_Muslim_1.pdf http://irep.iium.edu.my/34583/4/Booklet_on_human_rights_conference_1.jpg http://irep.iium.edu.my/34583/5/Booklet_on_human_rights_conference_2.jpg

id	iium-34583
recordtype	eprints
spelling	iium-345832014-02-06T08:03:21Z http://irep.iium.edu.my/34583/ Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim Amanullah, Muhammad BP3790 Criminal law and procedure Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who intentionally kills a dhimmi (a non-Muslim who, for the payment of a poll-tax, enjoys security of his person and property in a Muslim country) or a mu`ahid (a non-Muslim who dwells within the dar al-Islam under a contract of protection) is indeed liable to qisas. Other Muslim jurists, such as Shafi`i, Malik and Ahmad hold that he is not liable. Modern scholars, such as `Awdah, El-Awa and others, have discussed the issue briefly. Based on classical and modern fiqh literature, I shall examine the principal arguments used by Hanafi jurists to support their position, and also explore arguments cited by the opposing camp. Finally I shall try to give preference to the opinion which is based on stronger proofs and which conforms to the present public interest of Muslims and non-Muslims all over the world. 2013 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/34583/3/Implementation_of__Qisas_Against_a_Muslim_1.pdf application/pdf en http://irep.iium.edu.my/34583/4/Booklet_on_human_rights_conference_1.jpg application/pdf en http://irep.iium.edu.my/34583/5/Booklet_on_human_rights_conference_2.jpg Amanullah, Muhammad (2013) Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim. In: National Conference on Human Rights in Islam: Issues and Challenges (CHRI2013), 12 - 13 November 2013, International Islamic University Malaysia. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	BP3790 Criminal law and procedure
spellingShingle	BP3790 Criminal law and procedure Amanullah, Muhammad Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
description	Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who intentionally kills a dhimmi (a non-Muslim who, for the payment of a poll-tax, enjoys security of his person and property in a Muslim country) or a mu`ahid (a non-Muslim who dwells within the dar al-Islam under a contract of protection) is indeed liable to qisas. Other Muslim jurists, such as Shafi`i, Malik and Ahmad hold that he is not liable. Modern scholars, such as `Awdah, El-Awa and others, have discussed the issue briefly. Based on classical and modern fiqh literature, I shall examine the principal arguments used by Hanafi jurists to support their position, and also explore arguments cited by the opposing camp. Finally I shall try to give preference to the opinion which is based on stronger proofs and which conforms to the present public interest of Muslims and non-Muslims all over the world.
format	Conference or Workshop Item
author	Amanullah, Muhammad
author_facet	Amanullah, Muhammad
author_sort	Amanullah, Muhammad
title	Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
title_short	Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
title_full	Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
title_fullStr	Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
title_full_unstemmed	Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim
title_sort	juristic disputes over implementation of qisas against a muslim who kills a non-muslim
publishDate	2013
url	http://irep.iium.edu.my/34583/ http://irep.iium.edu.my/34583/3/Implementation_of__Qisas_Against_a_Muslim_1.pdf http://irep.iium.edu.my/34583/4/Booklet_on_human_rights_conference_1.jpg http://irep.iium.edu.my/34583/5/Booklet_on_human_rights_conference_2.jpg
first_indexed	2023-09-18T20:49:48Z
last_indexed	2023-09-18T20:49:48Z
_version_	1777409917651517440

Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim

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