Juristic differences over the implementation of qiṣāṣ against a Muslim who kills a non-Muslim

Amanullah, Muhammad (2018) Juristic differences over the implementation of qiṣāṣ against a Muslim who kills a non-Muslim. Arab Law Quarterly, 32 (4). pp. 185-203. ISSN 0268-0556 E-ISSN 1573-0255

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Abstract

Muslim jurists differ on whether Muslims who murder non-Muslims should be sentenced to death or not. Although Ḥanafī jurists maintain that they should be, most Muslim jurists hold that they should not. Modern scholars such as ʿAwdah, El-Awa and others have discussed the issue. Based on classical and modern fiqh (Islamic law) literature, this article examines the principal arguments used by both groups, concluding that the Ḥanafī opinion is to be preferred because it is based on stronger proofs and conforms more closely to the public interest of contemporary Muslims and non-Muslims.

Item Type:	Article (Journal)
Additional Information:	3031/62055
Uncontrolled Keywords:	murder – Muslim – non-Muslim – just retribution (qiṣāṣ)
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
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:	19 Feb 2018 16:04
Last Modified:	24 Jan 2019 14:39
URI:	http://irep.iium.edu.my/id/eprint/62055

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