The Effect of Insanity after Committing Crimes in Annulment of Qisas

Insanity during the occurrence of crimes annuls the issuance of Qisas decree. No one of jurisprudents has any doubt about it, but what is the position of divergence among the jurisprudents of Islamic denominations is insanity after committing the crimes which can occur before the issuance of the decree, or after it and during the execution of Qisas. In both steps, there are generally two theories among jurisprudents of Islamic denominations: 1. The theory of lack of annulment by Imami, Shafi‘i, and Hanbali jurisprudents. 2. The theory of ceasing the process of trial and cancelling the execution of Qisas which is believed by Maliki and Hanbali jurisprudents. Maliki jurisprudents believe that in case that there is no hope for improvement of the person, Qisas will be annulled but Diyah should be spent from his or her properties. Hanafi jurisprudents believe that if the insanity happens after the issuance of the decree and before his or her surrender for the execution of Qisas, the issuance of Qisas decree will be annulled and it will be changed to spending Diyah, However, if the insanity happens after the issuance of Qisas decree, Qisas will be executed. In this article, the reasons for each of the ideas will be analyzed and the theory of ceasing the procedure of trial and punishment and also the annulment of Qisas in case that there is no hope for improvement of the person, is considered defendable.