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136-478: It only applies when murder is committed by mistake and secondly victim's family has the free consent to compromise with the guilty party; otherwise qisas applies. Diya compensation rates have historically varied based on the gender and religion of the victim. In the modern era, diya plays a role in the legal system of Iran , Pakistan , Saudi Arabia and the United Arab Emirates . In Iran,

272-543: A Jewish or Christian dhimmī woman, who may keep her own religion (though her children were automatically considered Muslims and had to be raised as such), but a Muslim woman cannot marry a dhimmī man unless he converts to Islam. Dhimmīs are prohibited from converting Muslims under severe penalties, while Muslims are encouraged to convert dhimmīs. Payment of the jizya obligated Muslim authorities to protect dhimmis in civil and military matters. Sura 9 ( At-Tawba ), verse 29 stipulates that jizya be exacted from non-Muslims as

408-510: A Muslim murdered a non-Muslim ( dhimmi , musta'min or a slave). Most scholars of Hanafi school of sharia ruled that, if a Muslim killed a dhimmi , qisas was applicable against the Muslim, but this could be averted by paying a diyah . In one case, the Hanafi jurist Abu Yusuf initially ordered qisas when a Muslim killed a dhimmi , but under Caliph Harun al-Rashid 's pressure replaced

544-496: A Muslim parent or grandparent kills their child or grandchild, or if the murder victim is a spouse with whom one has surviving children. The culprit can be, however, subject to Diyya (financial compensation) which is payable to the surviving heirs of the victims or punished through Tazir which is a Fixed punishment given by the Judge or Ruler. The four major schools of Sunni Sharia have been divided on applicability of qisas when

680-470: A Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder , a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." Narrated Anas: The daughter of An-Nadr slapped a girl and broke her incisor tooth. They (the relatives of that girl), came to

816-414: A Muslim. Maliki fiqh does made an exception to the ban on applying qisas against a Muslim when their victim is a dhimmi in cases where the murder of the dhimmi is treacherous in nature. According to Hanbali legal school, if a Muslim kills or harms a non-Muslim, even if intentionally, qisas does not apply, and the sharia court may only impose a diyya (monetary compensation) with or without

952-547: A certain lordly tolerance so long as they keep their place. Any sign of pretension to equality is promptly repressed." Jews and Christians living under early Muslim rule were considered dhimmis, a status that was later also extended to other non-Muslims like Hindus and Buddhists. They were allowed to "freely practice their religion, and to enjoy a large measure of communal autonomy" and guaranteed their personal safety and security of property, in return for paying tribute and acknowledging Muslim rule. Islamic law and custom prohibited

1088-531: A charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then the diya must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the wherewithal must fast two consecutive months. A penance from Allah . Allah is Knower, Wise. Hadith also mention it. Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what

1224-464: A civil dispute between believers, rather than corrective punishment by the state to maintain order. The offender must either face equal retaliation known as Qisas ("Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." Quran 5:45 ), pay diyat to the victim or heirs of the victim, or be forgiven by the victim or victim's heir(s). In all cases of death, injury, and damage, under traditional sharia doctrine,

1360-484: A condition required for jihad to cease. Islamic jurists required adult, free, healthy males among the dhimma community to pay the jizya, while exempting women, children, the elderly, slaves, those affected by mental or physical handicaps, and travelers who did not settle in Muslim lands. According to Abu Yusuf dhimmi should be imprisoned until they pay the jizya in full. Other jurists specified that dhimmis who don't pay jizya should have their heads shaved and made to wear

1496-418: A critical factor that drove many dhimmis to leave their religion and accept Islam. However, in some regions the jizya on populations was significantly lower than the zakat, meaning dhimmi populations maintained an economic advantage. According to Cohen, taxation, from the perspective of dhimmis who came under Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes". Lewis observes that

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1632-402: A dress distinctive from those dhimmis who paid the jizya and Muslims. Lewis states there are varying opinions among scholars as to how much of a burden jizya was. According to Norman Stillman : " jizya and kharaj were a "crushing burden for the non-Muslim peasantry who eked out a bare living in a subsistence economy." Both agree that ultimately, the additional taxation on non-Muslims was

1768-457: A free man, slave for a slave and female for a female' it is intended to negate their absurd demand that a free man for a slave and man for a woman should be killed in retaliation, even though he may not be the killer. The just law that Islam enforced was that the killer is the one who has to be killed in Qisas. If a woman is the killer why should an innocent man be killed in retaliation? Similarly, if

1904-472: A life has been lost, and Qisas when a part of a human body has been lost. In cases of qisas for life, the victim's family may with the permission of court, take the life of the murderer. In cases of qisas for part of a human body, section 55 of Iran's penal code grants the victim or victim's family to inflict an equal injury to the perpetrator's body, provided they are given permission by the court. (The code also spells out what to do in different circumstances. If

2040-634: A manner not conspicuous to Muslims. Loud prayers were forbidden, as were the ringing of church bells and the blowing of the shofar . They were also not allowed to build or repair churches and synagogues without Muslim consent. Moreover, dhimmis were not allowed to seek converts among Muslims. In the Mamluk Egypt, where non-Mamluk Muslims were not allowed to ride horses and camels, dhimmis were prohibited even from riding donkeys inside cities. Sometimes, Muslim rulers issued regulations requiring dhimmis to attach distinctive signs to their houses. Most of

2176-649: A master who kills his slave should not face capital punishment under the retaliation doctrine. If a Muslim or a dhimmi killed a Musta'min (foreigner visiting) who did not enjoy permanent protection in Dar al-Islam and might take up arms against Muslims after returning to his homeland (dar al-harb), neither Qisas nor Diyya applied against the Musta'min's murderer according to Hanafi fiqh according to Yohanan Friedmann. But Abdul Aziz bin Mabrouk Al-Ahmadi narrates that

2312-455: A poll tax". "Muslim governments appointed Christian and Jewish professionals to their bureaucracies", and thus, Christians and Jews "contributed to the making of the Islamic civilization". However, dhimmis faced social and symbolic restrictions, and a pattern of stricter, then more lax, enforcement developed over time. Marshall Hodgson , a historian of Islam, writes that during the era of

2448-437: A prison term on the Muslim at its discretion. Qiṣāṣ is currently provided for by legal systems of several countries which apply classical/traditional Islamic jurisprudence (Saudi Arabia) or have enacted qisas laws as part of modern legal reforms. Iran 's penal code includes qisas as a method of punishment, spelled out in sections 1 through 80 of the code. The penal code outlines two types of Qisas crime - Qisas for when

2584-532: A result of the ensuing drives for independence and modernity in the Muslim world. Muslim states, sects, schools of thought and individuals differ as to exactly what sharia law entails. In addition, Muslim states today utilize a spectrum of legal systems. Most states have a mixed system that implements certain aspects of sharia while acknowledging the supremacy of a constitution. A few, such as Turkey, have declared themselves secular. Local and customary laws may take precedence in certain matters, as well. Islamic law

2720-409: A slave for any reason. Instead, the schools impose Diyya on the perpetrator. Both Shafi'i and Maliki fiqh doctrines maintained that the qisas applies only when there is "the element of equality between the perpetrator and the victim", according to scholar Yohanan Friedmann. Since "equality does not exist between a Muslim and an infidel, [because] Muslims are exalted above the infidels", qisas

2856-540: A small fraction of their income or wealth. Somalis whether in Djibouti , Somalia or Somaliland are all predominantly Sunni Muslim. Different groups within Somali society undertake oral agreements with each other to define xeer law. Despite this informal nature, there is a series of generally accepted principles , agreements, and ideas that constitute xeer , referred to collectively as " xissi adkaaday ". Diya

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2992-481: A source of revenue for the Rashidun Caliphate is illustrated in a letter ascribed to Umar I and cited by Abu Yusuf: "if we take dhimmis and share them out, what will be left for the Muslims who come after us? By God, Muslims would not find a man to talk to and profit from his labors." The early Islamic scholars took a relatively humane and practical attitude towards the collection of jizya , compared to

3128-680: A treaty was drafted between Muhammad and his Jewish subjects, known as kitāb ḏimmat al-nabi , written in the 17th year of the Hijra (638 CE), which gave express liberty to the Jews living in Arabia to observe the Sabbath and to grow-out their side-locks, but required them to pay the jizya (poll-tax) annually for their protection. Muslim governments in the Indus basin readily extended the dhimmi status to

3264-621: A witness to testify your statement." Muhammad bin Maslama said, "I testify that the Prophet gave such a judgment." Umar ibn Abd al-Aziz , an early caliph admired for his piety and scholarship, ruled on Diya: Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a Jew or Christian was killed, his blood-money was half the blood-money [diya] of a free Muslim. Islamic law treats homicide and unintentional homicide (not just bodily injury and property damage), as

3400-506: Is also known as "man price", and was a value placed on every being and piece of property to be paid—in the case of loss—as restitution to the victim's family or to the owner of the property. It was used, for example in the Frankish Salic Code ). Qisas Qisas or Qiṣāṣ ( Arabic : قِصَاص , romanized :  Qiṣāṣ , lit.   'accountability, following up after, pursuing or prosecuting')

3536-412: Is an Islamic term interpreted to mean "retaliation in kind", " eye for an eye ", or retributive justice . Qisas and diyya applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence , the others being Hudud and Ta'zir . In ancient societies, the principle of retaliation meant that

3672-431: Is an integral part of traditional Islamic law. From the 9th century AD, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars ( ulama ). This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret law independently and expect the continued support of the community. Through succeeding centuries and empires,

3808-399: Is fixed by a formula (such as the value of certain number of camels). The victim, victim's heir or guardian may alternatively forgive the bodily injury or murder as an act of religious charity (expiation of their own past sins). The value of diyat , under all schools of sharia, varied with the victim's religion and legal status (free or slave). For a free Muslim, the diyah value of their life

3944-426: Is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well." In the tasfir of this verse, Al-Shafi'i provides: 'On the authority of Ibn Abi Hatim, Ibn Kathir has reported that, just before the advent of Islam, war broke out between two tribes. Many men and women, free and slaves, belonging to both, were killed. Their case was still undecided when the Islamic period set in and

4080-528: Is in the Qur'an ?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of blood-money [diya] and

4216-457: Is not available to an infidel victim when the crime's perpetrator is a Muslim. In Shafi'i fiqh, this inequality was also expressed in diyya compensation payment to the heirs of a dhimmi victim's which should be a third of what would be due in case the victim was a Muslim. In Maliki fiqh, compensation for a non-Muslim in the case of unintentional killing, bodily or property damage should be half of what would be due for an equivalent damage to

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4352-556: Is not effectively enforced, and the court can assess a child defendant's physical characteristics to decide if he or she should be tried as an adult. In most cases, a person who satisfies at least one of the following four characteristics is considered as an adult for qisas cases: (1) above the age of 15, (2) has wet dreams ( al-ihtilam ), (3) any appearance of pubic hair, or (4) start of menstruation. Qisas principle, when enforced in Saudi Arabia, means equal retaliation and damage on

4488-480: Is one of these principles and is referred to in Somali as mag . It is generally paid by the collective group (clan, sub-clan, lineage, or mag group) from which an offender originates as compensation for the crimes of murder , bodily assault , theft , rape , and defamation of character , given to the victim or victim's family. Mag payment most often takes the form of livestock usually camels which are found in

4624-442: Is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens—Fremdenrecht, la condition de estrangers), '[f]or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations'." Quoting

4760-536: Is the punishment of the offender exactly the same crime committed, for a person who is raped to death or beheaded, the plain death sentence to be given to the murderer does not mean that qisas has been fulfilled. In the early history of Islam, there were considerable disagreements in Muslim judicial opinions on applicability of qisas and diyya when a Muslim murdered a non-Muslim ( Dhimmi , Musta'min or slave). (In yet another class were murdered apostates from and blasphemers of Islam, non-Muslims who does not enjoy

4896-411: Is therefore polynormative, and despite several cases of regression in recent years, the trend is towards liberalization. Questions of human rights and the status of minorities cannot be generalized with regards to the Muslim world. They must instead be examined on a case-by-case basis, within specific political and cultural contexts, using perspectives drawn from the historical framework. The status of

5032-695: Is unclear if the diya between men and women is equal in cases of bodily harm; that has been left to the Iranian courts to decide. In Iraq, the Bedouin tribes carry on the practice of demanding blood money, though this does not necessarily obviate the proceedings of the secular judicial system. Pakistan , which is predominantly a Sunni Muslim nation, introduced Qisas and Diyat Ordinance in 1990, amending sections 229 to 338 of Pakistan Penal code. The new Ordinance replaced British era criminal laws on bodily hurt and murder with sharia-compliant provisions, as demanded by

5168-399: The zakat , or obligatory alms, paid by the Muslim subjects. Dhimmi were exempt from military service and other duties assigned specifically to Muslims if they paid the poll tax ( jizya ) but were otherwise equal under the laws of property, contract, and obligation. Historically, dhimmi status was originally applied to Jews , Christians , and Sabians , who are considered " People of

5304-514: The Maliki and Hanbali schools considered a non-Muslim value of life as worth half of a Muslim, and the Shafi'i school considered it worth a third. The Ja'fari school considered a non-Muslim victim's value to be only 800 dirhams in contrast to 10000 dirhams for a Muslim victim. The compensation value payable to the owner of a slave by a Muslim murderer, was the market price paid for the slave. In

5440-691: The Ottoman Reform Edict of 1856 ( Ottoman Turkish : خط همايونى , romanized :  Hatt-i Humayan ) was issued, building upon the 1839 edict. It came about partly as a result of pressure from and the efforts of the ambassadors of France , Austria and the United Kingdom , whose respective countries were needed as allies in the Crimean War . It again proclaimed the principle of equality between Muslims and non-Muslims, and produced many specific reforms to this end. For example,

5576-819: The Pact of Umar . Under Sharia , the dhimmi communities were usually governed by their own laws in place of some of the laws applicable to the Muslim community . For example, the Jewish community of Medina was allowed to have its own Halakhic courts , and the Ottoman millet system allowed its various dhimmi communities to rule themselves under separate legal courts . These courts did not cover cases that involved religious groups outside of their own communities, or capital offences. Dhimmi communities were also allowed to engage in certain practices that were usually forbidden for

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5712-501: The United Arab Emirates , Qatar , and the northern states of Nigeria currently apply qisas . A legal concept similar to qisas is the principle of " eye for an eye " first recorded in the Code of Hammurabi . The qisas قصاص in Quran is, O ye who believe! Retaliation is prescribed for you in the matter of the murdered; the freeman for the freeman, and the slave for the slave, and

5848-540: The United Arab Emirates . For example, in Saudi Arabia , the heirs of a Muslim victim have a right to settle for Diya instead of the execution of the murderer. The amount of diya is calculated differently by different states where it makes part of the legal code. In Pakistan and Saudi Arabia, the amount is determined by the judge. In the United Arab Emirates, the government negotiates the amount with

5984-620: The dhimmi "was for long accepted with resignation by the Christians and with gratitude by the Jews" but the rising power of Christendom and the radical ideas of the French Revolution caused a wave of discontent among Christian dhimmis. The continuing and growing pressure from the European powers combined with pressure from Muslim reformers gradually relaxed the inequalities between Muslims and non-Muslims. On 18 February 1856,

6120-684: The dhimmi communities living in Islamic states usually had their own laws independent from the sharia law, as with the Jews who would have their own rabbinical courts . These courts did not cover cases that involved other religious groups, or capital offences or threats to public order. By the 18th century, however, dhimmi frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmi . Oaths sworn by dhimmi in these courts were tailored to their beliefs. Non-Muslims were allowed to engage in certain practices (such as

6256-605: The jizya tax was abolished and non-Muslims were allowed to join the army. According to some scholars, discrimination against dhimmis did not end with the Edict of 1856, and they remained second-class citizens at least until the end of World War I. H.E.W. Young, the British Council in Mosul, wrote in 1909, "The attitude of the Muslims toward the Christians and the Jews is that of a master towards slaves, whom he treats with

6392-565: The medieval Islamic world and medieval Christian Europe , Mark R. Cohen notes that, in contrast to Jews in Christian Europe, the "Jews in Islam were well integrated into the economic life of the larger society", and that they were allowed to practice their religion more freely than they could do in Christian Europe. According to the scholar Mordechai Zaken, tribal chieftains (also known as aghas) in tribal Muslim societies such as

6528-409: The qisas principle, as well as to other punishments such as hudud and tazir. Murder and manslaughter are private offenses in Saudi Arabia, which a victim or victim's heirs must prosecute, or accept monetary compensation, or grant pardon. The sharia courts in Saudi Arabia apply Qisas to juvenile cases, with previous limit of 7 year raised to 12 year age limit, for both boys or girls. This age limit

6664-406: The (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)." Narrated Hisham's father: 'Umar asked the people, "Who heard the Prophet giving his verdict regarding abortions?" Al-Mughira said, "I heard him judging that a male or female slave should be given as a blood-money [diya]. 'Umar said, "Present

6800-488: The 11th century commentators writing when Islam was under threat both at home and abroad. The jurist Abu Yusuf, the chief judge of the caliph Harun al-Rashid , rules as follows regarding the manner of collecting the jizya No one of the people of the dhimma should be beaten in order to exact payment of the jizya, nor made to stand in the hot sun, nor should hateful things be inflicted upon their bodies, or anything of that sort. Rather they should be treated with leniency. In

6936-509: The 16th century, India came under the influence of the Mughals . Babur , the first ruler of the Mughal empire, established a foothold in the north which paved the way for further expansion by his successors. Although the Mughal emperor Akbar has been described as a universalist, most Mughal emperors were oppressive of native Hindu, Buddhist and later Sikh populations. Aurangzeb specifically

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7072-485: The 2006 US State Department Religious Freedom Report on Iran, women and Baháʼís were excluded from the equalization provisions of 2003 and that Baháʼí blood was considered "Mobah, meaning it can be spilled with impunity". The 2013 Islamic Penal Code (which replaced the 1991 code), recognizes the equality between Muslims and non-Muslims in article 554. The 2013 penal code also makes diya for men and women equal in cases of homicide. However, according to Mohammad H. Tavana, it

7208-760: The Book " in Islamic theology . Later, this status was also applied to Zoroastrians , Sikhs , Hindus , Jains , and Buddhists . Jews, Christians and others were required to pay the jizyah , and forced conversions were forbidden. During the rule of al-Mutawakkil , the tenth Abbasid Caliph , numerous restrictions reinforced the second-class citizen status of dhimmīs and forced their communities into ghettos. For instance, they were required to distinguish themselves from their Muslim neighbors by their dress. They were not permitted to build new churches or synagogues or repair old churches without Muslim consent according to

7344-474: The Book ", and afforded a special legal status known as dhimmi derived from a theoretical contract—"dhimma" or "residence in return for taxes". Islamic legal systems based on sharia law incorporated the religious laws and courts of Christians , Jews , and Hindus , as seen in the early caliphate , al-Andalus , Indian subcontinent , and the Ottoman Millet system. In Yemenite Jewish sources,

7480-622: The Byzantine Greeks." In some places, for example Egypt, the jizya was a tax incentive for Christians to convert to Islam. Some scholars have tried compute the relative taxation on Muslims vs non-Muslims in the early Abbasid period. According to one estimate, Muslims had an average tax rate of 17–20 dirhams per person, which rose to 30 dirhams per person when in kind levies are included. Non-Muslims paid either 12, 24 or 48 dirhams per person, depending on their taxation category, though most probably paid 12. The importance of dhimmis as

7616-474: The Christians among them, were not considered equals to Muslims and several prohibitions were placed on them. Their testimony against Muslims was inadmissible in courts of law wherein a Muslim could be punished; this meant that their testimony could only be considered in commercial cases. They were forbidden to carry weapons or ride atop horses and camels. Their houses could not overlook those of Muslims; and their religious practices were severely circumscribed (e.g.,

7752-640: The Crusaders than had been expected. When the Arab East came under Ottoman rule in the 16th century, Christian populations and fortunes rebounded significantly. The Ottomans had long experience dealing with Christian and Jewish minorities, and were more tolerant towards religious minorities than the former Muslim rulers, the Mamluks of Egypt . However, Christians living under Islamic rule have suffered certain legal disadvantages and at times persecution . In

7888-537: The Diyat law of Pakistan involve cases of honor killings of girls, where the killers were employed by the same family members of the victim who under the Diyyah law have the power to forgive the killer. The loophole was corrected in 2016. Another issue is the intentional murder or bodily harm of poor people by wealthy individuals, where the only punishment the perpetrators suffer is paying monetary compensation that constitutes

8024-480: The Hanafi and Maliki sharia doctrines, a diyah was not payable to a non-Muslim from a murderer's estate, if the murderer dies for natural or other causes during the trial. If the victim was musta'min (non-Muslim foreigner visiting), or an apostate (converting from Islam to another religion), neither diya nor qisas applied against the Muslim who killed the victim. But Abdul Aziz bin Mabrouk Al-Ahmadi narrates that

8160-469: The Hanafi scholars say that Musta'min is entitled to Diyya equal to Diyya of a Muslim, and he quotes this opinion from a group of other Muslim scholars, including a some of Companions of the Prophet , and he also narrates that this is one of the opinions of the Hanbalis if the killing occurred intentionally. In the modern era, diya plays a role in the legal system of Iran , Pakistan , Saudi Arabia and

8296-455: The Hanafi scholars say that Musta'min is entitled to Diyya equal to Diyya of a Muslim, and he quotes this opinion from a group of other muslim scholars, including a some of Companions of the Prophet , and he also narrates that this is one of the opinions of the Hanbalis if the killing occurred intentionally. Non-Hanafi jurists have historically ruled that qisas does not apply against a Muslim, if he murders any non-Muslim (including dhimmi) or

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8432-734: The High Caliphate (7th–13th Centuries), zealous Shariah-minded Muslims gladly elaborated their code of symbolic restrictions on the dhimmis. From an Islamic legal perspective, the pledge of protection granted dhimmis the freedom to practice their religion and spared them forced conversions . The dhimmis also served a variety of useful purposes, mostly economic, which was another point of concern to jurists. Religious minorities were free to do whatever they wished in their own homes, but could not "publicly engage in illicit sex in ways that threaten public morals". In some cases, religious practices that Muslims found repugnant were allowed. One example

8568-467: The Hindus and Buddhists of India. Eventually, the largest school of Islamic jurisprudence applied this term to all Non-Muslims living in Muslim lands outside the sacred area surrounding Mecca , Arabia . In medieval Islamic societies, the qadi (Islamic judge) usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law, thus

8704-737: The Islamic Madhhabs regarding which non-Muslims can pay jizya and have dhimmi status. The Hanafi and Maliki Madhabs generally allow non-Muslims to have dhimmi status. In contrast, the Shafi'i and Hanbali Madhabs only allow Christians, Jews and Zoroastrians to have dhimmi status, and they maintain that all other non-Muslims must either convert to Islam or be fought. Based on Quranic verses and Islamic traditions, sharia law distinguishes between Muslims, followers of other Abrahamic religions , and Pagans or people belonging to other polytheistic religions. As monotheists , Jews and Christians have traditionally been considered " People of

8840-522: The Jewish dhimmis living under the caliphate, while allowed fewer rights than Muslims, were still better off than in the Christian parts of Europe. Jews from other parts of Europe made their way to al-Andalus , where in parallel to Christian sects regarded as heretical by Catholic Europe, they were not just tolerated, but where opportunities to practice faith and trade were open without restriction save for

8976-473: The Jews who had their own Halakhic courts . The dhimmi communities had their own leaders, courts, personal and religious laws, and "generally speaking, Muslim tolerance of unbelievers was far better than anything available in Christendom, until the rise of secularism in the 17th century". "Muslims guaranteed freedom of worship and livelihood, provided that they remained loyal to the Muslim state and paid

9112-695: The Kurdish society in Kurdistan would tax their Jewish subjects. The Jews were in fact civilians protected by their chieftains in and around their communities; in return they paid part of their harvest as dues, and contributed their skills and services to their patron chieftain. By the 10th century, the Turks of Central Asia had invaded the Indic plains , and spread Islam in Northwestern parts of India. At

9248-456: The Muslim community, such as the consumption of alcohol and pork . Some Muslims reject the dhimma system by arguing that it is a system which is inappropriate in the age of nation-states and democracies. There is a range of opinions among 20th-century and contemporary Islamic theologians about whether the notion of dhimma is appropriate for modern times, and, if so, what form it should take in an Islamic state. There are differences among

9384-414: The Muslim courts in order to record property and business transactions within their own communities. Cases were taken out against Muslims, against other dhimmis and even against members of the dhimmi's own family. Dhimmis often took cases relating to marriage, divorce or inheritance to the Muslim courts so these cases would be decided under sharia law. Oaths sworn by dhimmis in the Muslim courts were sometimes

9520-472: The Muslim regime, and because the rapidity and the territorial scope of the Muslim conquests imposed upon them a reduction in persecution and a granting of better possibility for the survival of members of other faiths in their lands. According to the French historian Claude Cahen , Islam has "shown more toleration than Europe towards the Jews who remained in Muslim lands." Comparing the treatment of Jews in

9656-488: The Muslim, but this could be averted by paying a Diyya. In one case, the Hanafi jurist Abu Yusuf initially ordered Qisas when a Muslim killed a dhimmi, but under Caliph Harun al-Rashid 's pressure replaced the order with Diyya if the victim's family members were unable to prove the victim was paying jizya willingly as a dhimmi. According to Fatawa-e-Alamgiri , a 17th-century compilation of Hanafi fiqh in South Asia,

9792-489: The Ottoman Empire, in accordance with the dhimmi system implemented in Muslim countries, they, like all other Christians and also Jews, were accorded certain freedoms. The dhimmi system in the Ottoman Empire was largely based upon the Pact of Umar . The client status established the rights of the non-Muslims to property, livelihood and freedom of worship but they were in essence treated as second-class citizens in

9928-493: The Prophet and he gave the order of Qisas (equality in punishment). Many premodern Islamic scholars ruled, based on hadith, that when the victim was a non-Muslim dhimmi or a non-Muslim slave owned by a Muslim, only diya (blood money) and not qisas should be available as compensation. Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what

10064-468: The Qur'anic statement, "Let Christians judge according to what We have revealed in the Gospel", Muhammad Hamidullah writes that Islam decentralized and "communalized" law and justice. However, the classical dhimma contract is no longer enforced. Western influence over the Muslim world has been instrumental in eliminating the restrictions and protections of the dhimma contract. The dhimma contract

10200-563: The Shariat Appellate Bench of Pakistan's Supreme Court. The Criminal Procedure Code was also amended to give legal heirs of a murdered person to enter into compromise and accept diyah compensation, instead of demanding qisas -based retaliatory penalties for murder or bodily hurt. The democratically elected government of Nawaz Sharif, in 1997, replaced the Ordinance by enacting the qisas and diyah sharia provisions as

10336-475: The Shariat Appellate Bench of the Supreme Court of Pakistan declared that the lack of qisas and diyat were repugnant to the injunctions of Islam as laid down by the Quran and Sunnah. Pakistani parliament enacted the law of Qisas and Diyat as Criminal Law (Amendment) Act, 1997 . An offender may still be punished despite pardoning by way of ta'zīr or if not all the persons entitled to Qisas joined in

10472-481: The accused when the victim is the child of the murderer, but in modern times some Sharia-based Muslim countries have introduced laws that grant courts the discretion to impose imprisonment of the murderer. However, the victim's heirs have the right to waive qisas , seek diyat , or pardon the killer. Dhimmi Dhimmī ( Arabic : ذمي ḏimmī , IPA: [ˈðimmiː] , collectively أهل الذمة ʾahl aḏ-ḏimmah / dhimmah "the people of

10608-565: The aid of the Christians of Palestine . The subsequent Crusades brought Roman Catholic Christians into contact with Orthodox Christians whose beliefs they discovered to differ from their own perhaps more than they had realized, and whose position under the rule of the Muslim Fatimid Caliphate was less uncomfortable than had been supposed. Consequently, the Eastern Christians provided perhaps less support to

10744-762: The balance between the ulema and the rulers shifted and reformed, but the balance of power was never decisively changed. At the beginning of the 19th century, the Industrial Revolution and the French Revolution introduced an era of European world hegemony that included the domination of most of the Muslim lands. At the end of the Second World War , the European powers found themselves too weakened to maintain their empires. The wide variety in forms of government, systems of law, attitudes toward modernity and interpretations of sharia are

10880-556: The border provinces, dhimmis were sometimes recruited for military operations. In such cases, they were exempted from jizya for the year of service. Religious pluralism existed in medieval Islamic law and ethics . The religious laws and courts of other religions, including Christianity, Judaism and Hinduism, were usually accommodated within the Islamic legal framework, as exemplified in the Caliphate , Al-Andalus , Ottoman Empire and Indian subcontinent. In medieval Islamic societies,

11016-406: The change from Byzantine to Arab rule was welcomed by many among the dhimmis who found the new yoke far lighter than the old, both in taxation and in other matters, and that some, even among the Christians of Syria and Egypt, preferred the rule of Islam to that of Byzantines. Montgomery Watt states, "the Christians were probably better off as dhimmis under Muslim-Arab rulers than they had been under

11152-571: The collection of taxes. The conquered Christian, Jewish, Mazdean and Buddhist communities were otherwise left to lead their lives as before. According to historians Lewis and Stillman, local Christians in Syria, Iraq, and Egypt were non-Chalcedonians and many may have felt better off under early Muslim rule than under that of the Byzantine Orthodox of Constantinople . In 1095, Pope Urban II urged western European Christians to come to

11288-467: The compromise. The Pakistan Penal Code modernized the Hanafi doctrine of qisas and diya by eliminating distinctions between Muslims and non-Muslims. Since the 1960s, several northern states of Nigeria have enacted sharia-based criminal laws, including provisions for qisas . These codes have been applied in the Sharia Courts of Nigeria to Muslims. Many have been sentenced to retaliation under

11424-579: The consumption of alcohol and pork) that were usually forbidden by Islamic law, in point of fact, any Muslim who pours away their wine or forcibly appropriates it is liable to pay compensation. Some Islamic theologians held that Zoroastrian " self-marriages ", considered incestuous under sharia , should also be tolerated. Ibn Qayyim Al-Jawziyya (1292–1350) opined that most scholars of the Hanbali school held that non-Muslims were entitled to such practices, as long as they were not presented to sharia courts and

11560-410: The continuation of the verse, another condition for financial compensation is considered. According to this, it is claimed that the deceased person must live in the same community with the believers or the society in which the deceased lives must have an agreement with the believers. The two-month fasting that the murderer will keep in case of financial inadequacy is considered sufficient as a reward for

11696-399: The covenant") or muʿāhid ( معاهد ) is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligation under sharia to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the jizya tax, in contrast to

11832-411: The crime (Surah Al-Nisa; 176). On the other hand, the later jurists stipulates "the element of intent" in case of physical injury and killing acts as well as other conditions determined for bodily retaliation. The applicability of the punishment of qisas has been conditioned by the fiqhists on a large number of conditions, such as the innocence of the injured person or the victim. Injury which may be

11968-716: The defendant. According to reports in Saudi media, in 2013, a court in Saudi Arabia sentenced a defendant to have his spinal cord severed to paralyze him, unless he paid one million Saudi riyals (about US$ 270,000) in Diyya compensation to the victim. The offender allegedly stabbed his friend in the back, rendering him paralysed from the waist down in or around 2003. Other reported sentences of qisas in KSA have included eye gouging, tooth extraction, and death in cases of murder. According to most variations of Islamic Law, qisas does not apply if

12104-458: The diya for recognized religious minorities ( Zoroastrians , Jews , and Christians , with the exception of evangelical Protestants ) is half that of a Muslim man. The diya for Muslim women in insurance claims, such as the loss of life in automobile accidents, is equal to that of a Muslim man, but is half of a Muslim man's in all other cases. In Pakistan, the diya is the same for Muslims and non-Muslims, while in Saudi Arabia it differs depending on

12240-653: The empire and referred to in Turkish as gavours , a pejorative word meaning " infidel " or " unbeliever ". The clause of the Pact of Umar which prohibited non-Muslims from building new places of worship was historically imposed on some communities of the Ottoman Empire and ignored in other cases, at discretion of the local authorities. Although there were no laws mandating religious ghettos, this led to non-Muslim communities being clustered around existing houses of worship. In addition to other legal limitations, dhimmis, including

12376-511: The end of the 12th century, the Muslims advanced quickly into the Ganges Plain . In one decade, a Muslim army led by Turkic slaves consolidated resistance around Lahore and brought northern India, as far as Bengal , under Muslim rule. From these Turkic slaves would come sultans, including the founder of the sultanate of Delhi . By the 15th century, major parts of Northern India was ruled by Muslim rulers, mostly descended from invaders. In

12512-471: The enslavement of free dhimmis within lands under Islamic rule. Taxation from the perspective of dhimmis who came under the Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes" (but much lower under the Muslim rule ). They were also exempted from the zakat tax paid by Muslims. The dhimmi communities living in Islamic states had their own laws independent from the Sharia law, such as

12648-473: The execution of a member of the murderer's tribe who was equivalent to the murdered, in that the murdered person was male or female, slave or free, elite or commonplace. For example, only one slave can be killed for a slave, and a woman can be killed for a woman. On this pre-islamic understandings the discussion whether a Muslim could be executed for a non-Muslim was added in Islamic period. The legal systems of Afghanistan , Iran , Pakistan , Saudi Arabia ,

12784-440: The family or heirs of the victim on behalf of the offender. In Iran, the family or heirs of the victim negotiate it directly with the offender. In Pakistan, the diya for Muslim citizens, non-Muslim citizens and foreigners is the same. Iran made the diya for Muslims and non-Muslims equal in 2003. Nonetheless, the diyah compensation rights of Muslims and non-Muslims have varied among Muslim nations and were unequal in some countries in

12920-400: The female for the female. And for him who is forgiven somewhat by his (injured) brother, prosecution according to usage and payment unto him in kindness. This is an alleviation and a mercy from your Lord. He who transgresseth after this will have a painful doom. The Quran allows the aggrieved party to receive monetary compensation (blood money, diyya , دية ) instead of qisas , or forfeit

13056-415: The highest concentration in Somali inhabited territories and prized as a measure of wealth. As such victims will readily accept the animal as a form of compensation. Daaif notes that a concept similar to diyah was present in pre-Islamic Arabia , where it was paid in terms of goods or animals rather than cash. At least one western scholar of Islam ( Joseph Schacht ) translates diya as weregeld (Weregeld

13192-448: The judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever) ." Classical/traditional Islamic jurisprudence ( fiqh ) treats homicide as a civil dispute between victim and perpetrator, rather than an act requiring corrective punishment by the state to maintain order. In all cases of murder, unintentional homicide, bodily injury and property damage, under classical/traditional Islamic law,

13328-476: The killer is a slave, there is no sense in retaliating against an innocent free man. This is an injustice which can never be tolerated in Islam.' The element of "intention" is taken into account in only one of the accusations in the Quran (killing and in a single case (a believers killing another believer) and in return for this, a slave should be freed and to the family of the killed one, should be paid "unspecified" financial compensation ( diyya ). However, in

13464-460: The larger Islamic world, the blood money rates is increased by a third. Iran's 1991 Islamic Penal Code originally only specified the diya for a Muslim man. In the absence of a specification of diya for non-Muslims, Iranian judges referred to traditional Shi'ite fiqh. In 2003, Article 297 of the 1991 Code was amended according to a fatwa by Ayatollah Khamenei . This resulted in recognition of equal diya for Muslims and non-Muslims. However, according to

13600-433: The late 20th century, remaining unequal in the 2010s in Saudi Arabia. The customary law of the Somali people also recognizes the obligation of diyah , but defines it as being between subgroups, or mag , who may be part of different clans or even the same clan. Some of these countries also define, by lawful legislation, a hierarchy of compensation rates for the lives of people; religious affiliation and gender are usually

13736-451: The law, through an Act of its Parliament. The sharia-compliant Qisas and Diyat law made murder a private offense, not a crime against society or state, and thus the pursuit, prosecution, and punishment for murder has become the responsibility of the victim's heirs and guardians. The Pakistan Penal Code modernized the Hanafi doctrine of qisas and diya by eliminating distinctions between Muslims and non-Muslims. Controversies arising from

13872-456: The main modulating factors for these Blood Money rates. In Saudi Arabia , when a person kills another, intentionally or unintentionally, the prescribed blood money must be decided by sharia court. The amount of compensation is based on the percentage of responsibility . Blood money is to be paid not only for murder, but also in the case of unnatural death, interpreted to mean death in a fire, industrial or road accident, for instance, as long as

14008-547: The murderer is a juvenile, the diyah is owed by the family of the murderer ( Aqila ). In other cases, the group ('Aqila) that must pay diyah to the victim or victim's heirs is the tribe or urban neighbors of the culprit. Diyah is not the same for non-Muslims and Muslims in sharia courts. In cases of unintentional crimes, Muslims and non-Muslims are treated differently in the sentencing process.. In early history of Islam, there were considerable disagreements in Muslim jurist opinions on applicability of qisas and diyah when

14144-415: The murderers. Some suggest that this exemption of parents and relatives from Qisas, and the treatment of homicide-related qisas as a civil dispute that should be handled privately by victim's family under sharia doctrine, encourages honor crimes , particularly against females, as well as allows the murderer(s) to go unpunished. This, state Devers and Bacon, is why many honor crimes are not reported to

14280-464: The order with diyah if the victim's family members were unable to prove the victim was paying jizya willingly as a dhimmi . The Maliki, Shafi'i and Hanbali code of sharia have historically ruled that Qisas does not apply against a Muslim, if he murders any non-Muslim (including dhimmi ) or a slave for any reason. A diyah was payable instead. The early Hanafi jurists considered the payable diyah for Muslim and non-Muslim victims to be same, while

14416-411: The people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and

14552-405: The person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies, someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it

14688-488: The plaintiff is only entitled to receive 50 percent of the compensation a Muslim male would receive; all other non-Muslims (Buddhists, Hindus, Jains, Sikhs, Animists, Atheists) are only entitled to receive one-sixteenth of the amount a male Muslim would receive". While Saudi judges have the last say in any settlement, as of 2011, diya price for a Muslim man, in Saudi Arabia, was SR300,000 ($ 80,000) for an accidental death and SR400,000 ($ 106,666) in premeditated murder. (The price

14824-522: The police, nor handled in the public arena. However, if the killer was proven to have accused the victim of adultery, a false accusation of rape case can be raised and the sentence carried out. Furthermore, relations between the Islamic law and honor killing might be somewhat off since the tradition of honor killings also occurs and encouraged in non-Muslim world, even the Western one. Historically, Sharia did not stipulate any capital punishment against

14960-425: The poll tax seems to have been regular, but other obligations were inconsistently enforced and did not prevent many non-Muslims from being important political, business, and scholarly figures. In the late ninth and early tenth centuries, Jewish bankers and financiers were important at the 'Abbasid court." The jurists and scholars of Islamic sharia law called for humane treatment of the dhimmis. A Muslim man may marry

15096-426: The practice in question is permissible according to their religion. This ruling was based on the precedent that Muhammad did not forbid such self-marriages among Zoroastrians despite coming in contact with them and having knowledge of their practices. The Arabs generally established garrisons outside towns in the conquered territories, and had little interaction with the local dhimmi populations for purposes other than

15232-407: The prohibitions on proselytization. Bernard Lewis states: Generally, the Jewish people were allowed to practice their religion and live according to the laws and scriptures of their community. Furthermore, the restrictions to which they were subject were social and symbolic rather than tangible and practical in character. That is to say, these regulations served to define the relationship between

15368-412: The prosecutor is not the state, but only the victim or the victim's heir (or owner, in the case when the victim is a slave). Diyah is similar in practice to "out-of-court settlement " in a tort case, but with important differences. Under sharia practice, tort-like civil liability settlement is limited to property damage, while in the cases of bodily injury and death, the "blood money" diyah compensation

15504-416: The prosecutor is not the state, but only the victim or the victim's heir (or owner, in the case when the victim is a slave). Qisas can only be demanded by the victim or victim's heirs. Basis ;The main verse for implementation in Islam is Al Baqara; 178 verse: "Believers! Retaliation is ordained for you regarding the people who were killed. Free versus free, captive versus captive, woman versus woman. Whoever

15640-543: The protection of a Muslim state under the status of a Dhimmi or Musta'min , etc.) According to classical jurists of three of the four Sunni Islamic schools of jurisprudence ( Shafi'i , Maliki , and Hanbali schools), qisas is available only when the victim is Muslim; while the Hanafi school holds it may apply in some circumstances when a Muslim has done harm to a non-Muslim. Jurists agree that neither qisas nor any other form of compensation applied in cases where

15776-441: The qadi (Islamic judge) usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law. The dhimmi communities living in Islamic states usually had their own laws independent from the Sharia law, such as the Jews who had their own Halakha courts. Dhimmis were allowed to operate their own courts following their own legal systems. However, dhimmis frequently attended

15912-400: The relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept blood-wit . The Hanafi school ordains lesser-than-murder qisas across religions, whether the perpetrator is Muslim or non-Muslim, according to Sayyid Sabiq's Fiqh Sunnah. Most Hanafi scholars ruled that, if a Muslim killed a dhimmi or a slave, Qisas (retaliation) was applicable against

16048-399: The religion of the victim. The Qur'an specifies the principle of Qisas (i.e. retaliation) and compensation ( diyah ) in cases where one Muslim kills another Muslim. It is not for a believer [Muslim] to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the diya to the family of the slain unless they remit it as

16184-678: The religious minorities in question held them to be permissible. This ruling was based on the precedent that there were no records of the Islamic prophet Muhammad forbidding such self-marriages among Zoroastrians, despite coming into contact with Zoroastrians and knowing about this practice. Religious minorities were also free to do as they wished in their own homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals. There are parallels for this in Roman and Jewish law . According to law professor H. Patrick Glenn of McGill University , "[t]oday it

16320-407: The responsibility for it falls on the accused. The diyah compensation amount depends on the religion of the victim. Human Rights Watch and United States' Religious Freedom Report note that in sharia courts of Saudi Arabia, "The calculation of accidental death or injury compensation is discriminatory. In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male,

16456-407: The restrictions were social and symbolic in nature, and a pattern of stricter, then more lax, enforcement developed over time. The major financial disabilities of the dhimmi were the jizya poll tax and the fact dhimmis and Muslims could not inherit from each other. That would create an incentive to convert if someone from the family had already converted. Ira M. Lapidus states that the "payment of

16592-557: The right of qiṣāṣ as an act of charity or in atonement for the victim family's past sins. We ordained therein for them: "Life for life, eye for eye , nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers. The Hadiths have extensive discussion of qisas. For example, Sahih Bukhari states, Allah's Apostle said, "The blood of

16728-467: The ringing of church bells was strictly forbidden). Because the early Islamic conquests initially preserved much of the existing administrative machinery and culture, in many territories they amounted to little more than a change of rulers for the subject populations, which "brought peace to peoples demoralized and disaffected by the casualties and heavy taxation that resulted from the years of Byzantine-Persian warfare". María Rosa Menocal , argues that

16864-418: The same as the oaths taken by Muslims, sometimes tailored to the dhimmis' beliefs. Muslim men could generally marry dhimmi women who are considered People of the Book, however Islamic jurists rejected the possibility any non-Muslim man might marry a Muslim woman. Bernard Lewis notes that "similar position existed under the laws of Byzantine Empire, according to which a Christian could marry a Jewish woman, but

17000-680: The sentence was to be carried out, requesting instead that her attacker be pardoned. A prisoner lodged in the Gohardasht Prison of the city of Karaj , was reported to have been blinded in March 2015 after being convicted for an acid attack on another man in 2009 and sentenced to the punishment under "qisas". Cases where qisas has been sentenced as a punishment, but the sentence not (as of November 2021) yet carried out, include: Pakistan introduced qisas and diyya ( diyat ) in 1990 as Criminal Law (Second Amendment) Ordinance , after

17136-405: The subject of a qisas application may only be applied if there is a definite organ loss whose limits can be guaranteed that no more harm will be done to the offender than he has caused in the punishment. In this case, qisas cannot be made against the most common forms of killing and wounding that occur during ordinary daily fights using stone sticks, blades, and piercing tools. Because the qisas

17272-423: The two communities, and not to oppress the Jewish population. Professor of Jewish medieval history at Hebrew University of Jerusalem , Hayim Hillel Ben-Sasson , notes: The legal and security situation of the Jews in the Muslim world was generally better than in Christendom, because in the former, Jews were not the sole "infidels", because in comparison to the Christians, Jews were less dangerous and more loyal to

17408-433: The two tribes entered the fold of Islam. Now that they were Muslims, they started talking about retaliation for those killed on each side. One of the tribes which was more powerful insisted that they would not agree to anything less than that a free man for their slave and a man for their woman be killed from the other side. It was to refute this barbaric demand on their part that this verse was revealed. By saying 'free man for

17544-419: The victim is Numerous Hanafi, Shafi'i and Maliki jurists stated that a Muslim and a non-Muslim are neither equal nor of same status under sharia, and thus the judicial process and punishment applicable must vary. This was justified by the hadith: Narrated Abdullah ibn Amr ibn al-'As: The Prophet said: A believer will not be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to

17680-476: The victim is a child, and the father is the murderer. The Hanafi, Shafi'i, and Hanbali Sunni sharias have ruled that qisas does not apply, as has the Shia Sharia doctrine. The Maliki school, however, has ruled that qisas may be demanded by the mother if a father kills his son. The Hanafi, Hanbali and Shafi'i sharia extend this principle to cases when the victim is a child and the mother or grandparents are

17816-402: The victim lost the right hand and perpetrator does not have a right hand for qisas, for example, then with court's permission, the victim may cut the left hand of the perpetrator.) In one episode, qiṣāṣ was demanded by Ameneh Bahrami , an Iranian woman blinded in an acid attack. She demanded that her attacker Majiv Movahedi be blinded as well. In 2011, Bahrami retracted her demand on the day

17952-462: Was ignored whether the act was intentional or not, and a price of life or blood was charged for each life. Qisas was a practice used as a resolution tool in inter-tribal conflicts in pre-Islamic Arabian society . The basis of this practice was that a member of the tribe to which the murderer belonged was handed over to the victim's family for execution, equivalent to the social status of the murdered person. The condition of social equivalence meant

18088-555: Was inclined towards a highly fundamentalist approach. There were a number of restrictions on dhimmis. In a modern sense the dhimmis would be described as second-class citizens. According to historian Marshall Hodgson , from very early times Muslim rulers would very often humiliate and punish dhimmis (usually Christians or Jews that refused to convert to Islam). It was official policy that dhimmis should “feel inferior and to know ‘their place". Although dhimmis were allowed to perform their religious rituals, they were obliged to do so in

18224-496: Was raised that year due to a rise in the price of camels.) Diyah in Saudi has been controversial, as in a 2013 case, where a father molested and murdered his five-year-old daughter, but avoided jail by paying money to her mother. During the four haraam months; namely Dhu al-Qi'dah , Dhu al-Hijjah , Muharram , and Rajab ; when wars and killings were traditionally discouraged in the Arabian Peninsula and later in

18360-480: Was the Zoroastrian practice of incestuous "self-marriage" where a man could marry his mother, sister or daughter. According to the famous Islamic legal scholar Ibn Qayyim Al-Jawziyya (1292–1350), non-Muslims had the right to engage in such religious practices even if it offended Muslims, under the conditions that such cases not be presented to Islamic Sharia courts and that these religious minorities believed that

18496-409: Was traditionally set as the value of 100 camels. This was valued at 1000 dinars or 12000 dirhams, corresponding to 4.25 kilograms of gold, or 29.7 to 35.64 kilograms of silver. The diyah value in case the victim was a non-Muslim (Dhimmi) or slave varied in the sharia of different schools of Islamic law. The diyah must be paid by the murderer or the estate of the murderer. In some cases, such as when

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