syed easar hussain shah

The obligation of Fazil Diyeh in Qasas of a man against a woman is one of the controversial issues of Shia and Sunni jurisprudence, which has also found its way into the jurisprudence of Fariqin. In the meantime, the exegsis Like Kanzal-Irfan fi Fiqah Al-Quran, Zubadah Al-Bayan, Ahkam Al-Qur'an and Al-Jameh Le Ahkam Al-Qur'an have a special place due to their antiquity. The lack of independent research on the investigation of the mentioned issue makes this research necessary. The article, with a descriptive-analytical and library method, seeks to investigate the viewpoints and arguments of the four commentators mentioned. From the examination of the mentioned issue, it can be found that the common point is the permissibility of men's retaliation and the existence of authentic Qur'anic. The argument of the male issue as well as the argument of not paying Fadel Diyeh from the verses of qisas are considered important points of disagreement.The dual commentators of the Sunnis insist on the reasoning of the mentioned rulings from the general verses of retribution; While the two Shia commentators insist that the verses do not imply the mentioned rulings. The non-existence of general verses of retribution is a valid and important reason to reject the mentioned argument. The theory of rejecting Fazel Diyeh has reliable traditions and has preference over opposing traditions.

Due to its relation to human life and its importance and sensitivity, retaliation-punishment needs to be explained in its different dimensions. The answer to the doubts of retaliation-punishment as one of the dimensions of retaliation-punishment needs constant investigation, especially in the contemporary period when the opponents of Islam, such as Dr. Soha, have written an independent and voluminous book “Criticism of the Quran” concerning it. This article undertakes to criticize and investigate the suspicions of retaliation-punishment from the mentioned book. Descriptive-analytical and critical methods have been used in reviewing the materials and the library method has been used in collecting the materials. Some of the suspicions of retaliation-punishment, which are under the general title of disproportion between crime and punishment, and the existence of discrimination, have been addressed. After the investigation, we conclude that the mentioned doubts are not included; because each of the retaliation-punishment rulings that were mentioned as examples of the suspicion of disproportion between the crime and the punishment, such as the retaliation-punishment of an organ, the retaliation-punishment of a crowd against a person, the retaliation-punishment of a reluctant murderer, have a rational justification based on the observance of justice and proportionality. Also, the differences in retaliation punishment between men and women, Muslims and infidels can be justified based on the inherent differences between people, without being an example of unjust discrimination