Scientific Analysis of Limits and Retribution (Hudud and Qisas) in Support of Human Dignity

Abstract

Hudud and Qisas, in the Islamic legal system, are types of punishments decreed to protect material and spiritual life and to preserve human dignity. Hudud encompasses specific, fixed offenses, such as stoning for adultery committed by a married person (Zina al-Muhsana), one hundred lashes for other cases of adultery, and the execution of the perpetrator in cases such as incestuous adultery, rape, adultery of a non-Muslim man with a Muslim woman, sodomy (Liwat), and waging war against God and society (Muharaba). This article provides a scientific analysis of it, stating that from Islam's perspective, the establishment of punishment originates from divine mercy; mercy necessitates that any behavior causing corruption be considered a crime. A criminal is like a diseased limb in the body of society; in some cases, the diseased limb needs to be amputated, and in others, surgery is required to preserve the health of the community. Therefore, punishment in Islam plays a therapeutic role. Qisas (retribution in kind) existed before Islam, but Islam transformed it from a state of unbridled chaos into a law; however, for intentional murder, the ruling is not solely Qisas, as pardon and reconciliation are also recommended. Throughout history, scholars have defended this law because the philosophy of Qisas pertains to the greatness and extraordinary value of the human right to life and aids truth and justice. The objection of human rights to the law of Qisas stems from their failure to comprehend the hidden secret within it. This is because the execution of justice through the implementation of Qisas guarantees the right to life, in which equality and justice are stipulated. Consequently, the punishments of Hudud and Qisas are prescribed to treat a society where criminality has reached a highly dangerous state, the veils of chastity have been torn, and the society is afflicted with such a severe illness that its cure through ordinary means is impossible, requiring a shock to the society, which can only be treated through the implementation of Hudud and Qisas.