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
A. Haji Dehabadi, "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.
