Associate Professor, College of Farabi, University of Tehran (adehabadi@ut.ac.ir)
Abstract
Under the verse 33 of the surah Al-Isra` there contains the kingdom, the authority, and the possibility of retaliation for the avenger of the blood of the person killed by oppression. There are four elements for every right: “the owner of the right”, “belonging of the right”, “reason for the right”, and “the person whom the right is against”. If the possibility of retaliation is a right - but not a ruling -, then these four elements of the right of retaliation can be found and examined in the verse.
The article found some results including: the retaliation is not only a ruling but also a right; retaliation is the man’s right, retaliation is not the right of the person killed and the guardian of the avenger of blood; the right can be waived; the permission of retaliation without guaranteeing the debts of the killed person; retaliation for all the parties to the murder is not the excess in slaying provided that the difference (fazil) of blood money for retaliation is paid; overlapping of the retaliation for the organ of the body and with the life of the man; and the unlawfulness of uncommon retaliations.
Haji Dehabadi, A. (2019). The Right of Qisas (Retaliation) in the Verse 33 of the Surah Al-Isra` and its Jurisprudential Derivative Principles. Quran, Islamic Jurisprudence and Law, 11(11), 7–30.
MLA
Haji Dehabadi, A. "The Right of Qisas (Retaliation) in the Verse 33 of the Surah Al-Isra` and its Jurisprudential Derivative Principles", Quran, Islamic Jurisprudence and Law, 11, 11, 2019, 7–30.
HARVARD
Haji Dehabadi, A. (2019). 'The Right of Qisas (Retaliation) in the Verse 33 of the Surah Al-Isra` and its Jurisprudential Derivative Principles', Quran, Islamic Jurisprudence and Law, 11(11), pp. 7–30.
CHICAGO
Haji Dehabadi, A., "The Right of Qisas (Retaliation) in the Verse 33 of the Surah Al-Isra` and its Jurisprudential Derivative Principles." Quran, Islamic Jurisprudence and Law, 11 11 (2019): 7–30,
VANCOUVER
Haji Dehabadi A. The Right of Qisas (Retaliation) in the Verse 33 of the Surah Al-Isra` and its Jurisprudential Derivative Principles. Quran, Islamic Jurisprudence and Law. 2019;11(11):7–30 (In Persian).
