Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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=== Qisas, a Limited Right, Not a Binding Obligation === | === Qisas, a Limited Right, Not a Binding Obligation === | ||
Regarding the word "Life" (Hayat) in the [[Verse of Qisas]], Mohaghegh Damad is of opinion that "Life" refers not to physical life, but to social life, and it has a goal beyond the mere permissibility of revenge, e.g. controlling violence, enhancing order and justice, and strengthening piety in the believer community.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, pp. 43–47.</ref> From his perspective, Qisas is introduced in the Quran as an "executable right," not a "binding obligation." Considering the circumstances of the revelation of the verses and the cultural backgrounds of the Age of Ignorance (Jahiliyyah), the Quran legislates the ruling of Qisas to restrain tribal vendetta and illegal revenge. His conclusion is that Qisas is not an obligation to kill, but a conditional right that | Regarding the word "Life" (Hayat) in the [[Verse of Qisas]], Mohaghegh Damad is of opinion that "Life" refers not to physical life, but to social life, and it has a goal beyond the mere permissibility of revenge, e.g. controlling violence, enhancing order and justice, and strengthening piety in the believer community.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, pp. 43–47.</ref> From his perspective, Qisas is introduced in the Quran as an "executable right," not a "binding obligation." Considering the circumstances of the revelation of the verses and the cultural backgrounds of the Age of Ignorance (Jahiliyyah), the Quran legislates the ruling of Qisas to restrain tribal vendetta and illegal revenge. His conclusion is that Qisas is not an obligation to kill, but a conditional right that provides a legal power for retaliation on the positive side and prevents transgression and excesses on the negative side.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, pp. 47–48.</ref> | ||
=== Judicial and Governmental Nature of Woman's Diyyah === | === Judicial and Governmental Nature of Woman's Diyyah === | ||