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Jurisprudential Feasibility of Settling Qisas for Life with Non-Fatal Injury in Light of the General Evidence for Sulh
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Reza Khan Ahmadi1   , Jalal-eddin Ghiasi2 , Javad Habibitabar3 |
1- PhD Candidate in Jurisprudence and Judicial Law. (Corresponding Author)
2- PhD in Criminal Law and Criminology, Associate Professor and Faculty of Law, University of Qom, Qom, Iran.
3- Associate Professor and Head of the Department of Jurisprudence and Judicial Law, Al-Mustafa International University, Instructor of Advanced Courses in Usul al –Fiqh and Criminal Jurisprudence at the Qom Seminary. |
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Abstract: (9 Views) |
Background and Aim: Sulh (amicable settlement) is considered a fundamental institution in Islamic jurisprudence, serving as an effective tool for resolving disputes and reducing social tensions. One emerging issue in criminal jurisprudence is the possibility of settling qisas (retaliation) for life with non-fatal injury; meaning that the victim's next of kin, instead of executing qisas, agree with the consent of the killer to inflict a lesser injury. The present article seeks to examine and evaluate the legitimacy of this type of settlement by relying on the general evidence for sulh.
Materials and Methods: The research method is descriptive-analytical.
Ethical Considerations: All ethical principles have been observed in writing this article.
Findings and Conclusion: The findings indicate that, despite differing opinions among contemporary jurists, such a settlement is legitimate based on the unrestricted texts (itlaqat) of the Quran, authentic narrations (riwayat), the consensus (ijma`) on the principle of sulh, and the endorsement of practical reason. This legitimacy holds provided the consent of both parties is obtained and the prescribed jurisprudential conditions are met. By offering an innovative explanation of the capacities of the sulh institution, this research demonstrates the possibility of its extension to crimes requiring qisas and considers it a step towards strengthening restorative justice in the Islamic criminal system.
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Article number: 3 |
| Keywords: Sulh, Qisas for Life, Non-Fatal Injury, Alternative Punishment, Criminal Jurisprudence. |
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Full-Text [PDF 524 kb]
(2 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/23 | Revised: 2026/10/7 | Accepted: 2026/10/24 | Published: 2026/12/22
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