Retaliation in the Scale of Law and Ethics

Document Type : Original Article

Author

Assistant Professor, Research Center for Islamic Culture and Thought (amir.ghanavi@gmail.com).

Abstract
Many deep concepts in Islamic thought, such as retribution (Qisas), have been applied within a limited framework. A careful contemplation on the verses of retribution and its manifestations in Shi'a jurisprudence begs the question of whether the concept of retribution extends beyond what we see today.  This question led us to research the Qur'anic verses and to examine the flow of this concept in the Words of Ahl ol-Bayt (AS) and jurisprudence. Re-analyzing the generalities of the retribution debate, examining the traditions in various ethical and jurisprudential teachings, and the analysis of the earlier great scholars opened new avenues in this regard. Paying attention to the rational trends to observe the proportionality between offender and his behavior and status emphasizes the correctness of the new understandings.
The final achievement of this study is to pay attention to retribution as an important ethical rule in the field of social relations. This ethical rule is accepted also in the field of international behavior and in some cases it forms the basis on international law. Retribution is to be regarded as a rule in social ethics within which the roots of this legal rule are to be found; a rule without which privacy is not protected and harmful behaviors are not controlled.
 Another achievement of the present study is to come up with a comprehensive rule of penal law. This rule deals not only with crimes against individuals but also with retribution as an approach to determining the type and extent of arbitrary punishments. This area, without specifying any specific criteria, has been assigned to the Ruler which creates disorder and chaos.  

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