Reinvestigation of the Similarity in the Quality of Enforcement of Qisas (Retaliation) from the Perspective of Jurisprudence of the Five Islamic Schools of Thought

Although the existence of Qisas (retaliation) is an undeniable principle in criminal Islamic jurisprudence, there are inconsistencies about its conditions and rules among jurisprudents of different schools of thought. The issue of avengers of blood’s and injured party’s expanse of right is one of these inconsistencies in the quality of retaliation of the murderer or the criminal. There comes out a question that whether the right of retaliation is only limited to the effect of crime or it is extended to the similarity in quality and characteristics of crime? In other words, are avengers of blood or the injured party allowed to retaliate murderer or criminal to the same quality as she/he has committed the murder or crime? Answering such question is also important from other aspects, since two issues of “retaliation through organ donation” and “anesthetization of organs during retaliation” are totally consistent with the issue of similarity in the quality of retaliation enforcement. The findings of this descriptive-analytic study showed that although famous Imami, Hanafi and Hanbali jurisprudences have not credited similarity, represented evidences are not able to confirm such assertion and similarity is documented to stronger evidences.