Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim

Amanullah, Muhammad (2013) Juristic disputes over implementation of Qisas against a muslim who kills a non-Muslim. In: National Conference on Human Rights in Islam: Issues and Challenges (CHRI2013), 12 - 13 November 2013, International Islamic University Malaysia. (Unpublished)

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Abstract

Perhaps the most sensitive issue relating to the Islamic penal system as it bears upon non-Muslims is the issue of whether or not a Muslim who kills a non-Muslim is liable to qisas, or just retribution, which in this case takes the form of the death penalty. Hanafi jurists maintain that a Muslim who intentionally kills a dhimmi (a non-Muslim who, for the payment of a poll-tax, enjoys security of his person and property in a Muslim country) or a mu`ahid (a non-Muslim who dwells within the dar al-Islam under a contract of protection) is indeed liable to qisas. Other Muslim jurists, such as Shafi`i, Malik and Ahmad hold that he is not liable. Modern scholars, such as `Awdah, El-Awa and others, have discussed the issue briefly. Based on classical and modern fiqh literature, I shall examine the principal arguments used by Hanafi jurists to support their position, and also explore arguments cited by the opposing camp. Finally I shall try to give preference to the opinion which is based on stronger proofs and which conforms to the present public interest of Muslims and non-Muslims all over the world.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	3031/34583
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > BP3790 Criminal law and procedure
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof Muhammad Amanullah Amanullah
Date Deposited:	06 Feb 2014 16:03
Last Modified:	06 Feb 2014 16:03
URI:	http://irep.iium.edu.my/id/eprint/34583

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