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Qiṣāṣ () is an Islamic term meaning "retaliation in kind" or revenge,〔Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, ISBN 978-0892591428〕〔Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370-372〕 "eye for an eye", "nemesis" or retributive justice. It is a category of crimes in Islamic jurisprudence, where Sharia allows equal retaliation as the punishment. Qisas principle is available against the accused, to the victim or victim's heirs, when a Muslim is murdered, suffers bodily injury or suffers property damage.〔Tahir Wasti (2009), The Application of Islamic Criminal Law in Pakistan: Sharia in Practice, Brill Academic, ISBN 978-9004172258, pp. 12-13〕 In the case of murder, Qisas means the right of a murder victim's nearest relative or Wali () (legal guardian) to, if the court approves, take the life of the killer.〔Encyclopedia Britannica, (Qisas ) (2012)〕 Qisas is one of several forms of punishment in Islamic Penal Law, others being Hudud, Diyya and Ta'zir.〔Asghar Schirazi (1997), The Constitution of Iran : politics and the state in the Islamic Republic, I.B. Tauris London, pp. 222-225〕 ==Islamic scriptures== The Qisas or equivalence verse in Quran is,〔 The Hadiths have extensive discussion of qisas. For example, Sahih Bukhari states, Qisas system of punishment is prescribed in Quran and Hadiths to any case of unnatural death (murder, manslaughter), bodily injury or aggravated assault suffered by a Muslim.〔Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257〕 However, in the history of Islam, many premodern Islamic scholars ruled that Qisas did not apply when the victim was a non-Muslim dhimmi and to non-Muslim slaves owned by a Muslim.〔Anver M. Emon (2012), Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law, Oxford University Press, ISBN 978-0199661633, pp. 237-249; Quote "Muslim jurists defended this discriminatory application of qisas liability by reference to a hadith in which the Prophet said: 'A believer is not killed for an unbeliever or one without a convenant during his residency.' Jurists who constructed discriminatory rules of liability relied on the first half of the hadith. Furthermore, they argued that these discriminatory rules reflected the fact that Muslims were of a higher class than their non-Muslim co-residents."; Quote 2 "Furthermore, using the logical inference of a minore ad maius, Al-Mawardi held that just as a Muslim bears no liability for sexually slandering a dhimmi, he cannot be liable for killing one, a much more serious offense.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「qisas」の詳細全文を読む スポンサード リンク
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