Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver

Islam always enjoins the believer to be their brother’s keeper. They should protect, respect, and preserve the honor and integrity of their fellow human beings. The religion does not allow any harm to be inflicted upon any person without following the due process of the law. Islam considers the conc...

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Main Author:	Awang Hamat, Mohd Afandi
Format:	Article
Language:	English
Published:	Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia. 2018
Subjects:	BP1 Islam BP160 General works on Islam KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/73325/ http://irep.iium.edu.my/73325/ http://irep.iium.edu.my/73325/ http://irep.iium.edu.my/73325/1/Afandi%20-%20Legal%20Appraising.pdf

id	iium-73325
recordtype	eprints
spelling	iium-733252020-01-09T01:56:31Z http://irep.iium.edu.my/73325/ Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver Awang Hamat, Mohd Afandi BP1 Islam BP160 General works on Islam KBP1 Islamic law.Shariah.Fiqh Islam always enjoins the believer to be their brother’s keeper. They should protect, respect, and preserve the honor and integrity of their fellow human beings. The religion does not allow any harm to be inflicted upon any person without following the due process of the law. Islam considers the concept of rendering “justice for all” as a very significant element in its criminal justice system. Thus, the Islamic law of crimes and torts (jinayat) spares no expense and defines all the crimes and as well as their prescribed punishments. The law punishes offenders equally regardless of their biological status, sex, affiliation, or background. However, in some circumstances, the law mitigates punishments in favor of specific people without exonerating them in toto from liability. Mitigation of punishment in Islām therefore, cannot be seen as a grant of immunity since the main objective of the law is to maintain justice amongst all. In recent times, many people hide under the guise of the law in order to take advantage of their actions. Many cases of murder and grievous bodily injuries were alleged to have committed by persons whose responsibilities were to provide protection to their murdered or injured victims. Parents are known to be producers and protectors of their progeny, but quite number of them nowadays are alleged to have committed or aided or abetted the crimes of murder or infliction of bodily harm against their progeny. Hence, this fact cannot be detached from the misconception that is deeply involved in demarcating between “immunity” and “a waiver” under the law of Qisas. It is based on this fact that the paper examines the position of parents vis-a-vis the law of Qiṣāṣ with a view to differentiate the concept of “waiver” from that of “immunity”. Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia. 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/73325/1/Afandi%20-%20Legal%20Appraising.pdf Awang Hamat, Mohd Afandi (2018) Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver. International Journal of Fiqh and Usul al-fiqh Studies, 2 (No spcl ( 2018 ) : Special Issue). pp. 38-54. E-ISSN 2600-8408 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/78 10.31221/osf.io/npy6r
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	BP1 Islam BP160 General works on Islam KBP1 Islamic law.Shariah.Fiqh
spellingShingle	BP1 Islam BP160 General works on Islam KBP1 Islamic law.Shariah.Fiqh Awang Hamat, Mohd Afandi Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
description	Islam always enjoins the believer to be their brother’s keeper. They should protect, respect, and preserve the honor and integrity of their fellow human beings. The religion does not allow any harm to be inflicted upon any person without following the due process of the law. Islam considers the concept of rendering “justice for all” as a very significant element in its criminal justice system. Thus, the Islamic law of crimes and torts (jinayat) spares no expense and defines all the crimes and as well as their prescribed punishments. The law punishes offenders equally regardless of their biological status, sex, affiliation, or background. However, in some circumstances, the law mitigates punishments in favor of specific people without exonerating them in toto from liability. Mitigation of punishment in Islām therefore, cannot be seen as a grant of immunity since the main objective of the law is to maintain justice amongst all. In recent times, many people hide under the guise of the law in order to take advantage of their actions. Many cases of murder and grievous bodily injuries were alleged to have committed by persons whose responsibilities were to provide protection to their murdered or injured victims. Parents are known to be producers and protectors of their progeny, but quite number of them nowadays are alleged to have committed or aided or abetted the crimes of murder or infliction of bodily harm against their progeny. Hence, this fact cannot be detached from the misconception that is deeply involved in demarcating between “immunity” and “a waiver” under the law of Qisas. It is based on this fact that the paper examines the position of parents vis-a-vis the law of Qiṣāṣ with a view to differentiate the concept of “waiver” from that of “immunity”.
format	Article
author	Awang Hamat, Mohd Afandi
author_facet	Awang Hamat, Mohd Afandi
author_sort	Awang Hamat, Mohd Afandi
title	Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
title_short	Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
title_full	Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
title_fullStr	Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
title_full_unstemmed	Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
title_sort	appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver
publisher	Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia.
publishDate	2018
url	http://irep.iium.edu.my/73325/ http://irep.iium.edu.my/73325/ http://irep.iium.edu.my/73325/ http://irep.iium.edu.my/73325/1/Afandi%20-%20Legal%20Appraising.pdf
first_indexed	2023-09-18T21:43:57Z
last_indexed	2023-09-18T21:43:57Z
_version_	1777413324435095552

Appraising the legal position of parents under the qiṣāṣ law: immunity or a waiver

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