Beheadings in Islamic law include the section qishash . It is a form of sanction ( uqubah ) violation of felonies ( jarimah ). The misdemeanor in the form of sanctions is referred to as takzir with the smallest provision being the authority of the ruler as protector of the people.
Qishash was explained in the Qur'an for the purpose (maqashid syariah ]) provide a guarantee of life to the community. In language, qishash means “ tattabu'ul atsar ” which is tracing events or considering the effects and effects of actions. However, the practice of qishash was understood by the appropriate retaliation, until the birth of the law which injured the reciprocated was injured; who killed his life in return with the death of his life.
In this paper I do not want to dissolve in a situation of pro-contra understanding of the interpretation of the prophetic concept of beheading law. Because each of them has his own arguments and arguments. Here I just want to explain the data that the Prophet Muhammad apparently canceled many of the beheadings that were supposed to be applied.
Just for example when Fathu Makkah or the opening of the city of Mecca, he initially sentenced 10 people to be sentenced to beheaded. They are Ikrimah b Abu Jahal, Abdullah b. Khaththil, Wasyi b Harb, Miqyas b Shubabah, Habbar al Aswad, Ka'ab b Zuhair, Abdullah b Saad b Abu Sarh, Shafwan b Umayah, Himdun b Utbah, Huwarits b Nuqaiz.
But what happened? Of the 10 people who have been sentenced to death, 7 of them were canceled by the Prophet and only 3 people were beheaded. They were Abdullah b Khaththil, Miqyas b Shubabah, and Huwarits b Nuqaiz because the reason for their track record of being a criminal actor would endanger the lives of others.
While 7 other murder cases were released because according to the considerations the Prophet did not endanger the lives of others, even ever killed a person.
Learning from this event is there anyone who is still eager to apply the law qishash as a reciprocal reply? If the killer finishes the life of another person because of certain influences, then are we also eager to kill their lives for certain purposes! So what is the difference between being sentenced to beheading and killing people? Is there not a guarantee of survival in the Qishash?
This Article Was Published On : ISLAMI.CO
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