Concept of Qiṣaṣ and Diyyat in Islam and Judaism: Similarities and Differences

Abstract

This article presents a research based analytical and comparative study of the concept of “Qisas” and “Diyyat” in Islam and Judaism. In all Divine Shariah the law of Qisas was made to ensure the sanctity and preservation of human life, eradication of crimes, cruelty and oppression, stopping violation of law and order, discouraging criminals and removing them from the society, controlling anarchy and chaos, and maintaining collective discipline and peace in the society.In this connection, in the light of the injunctions of the Old Testament, the Holy Quran and Ahadith, an analytical and comparative study was carried on to trace the similarities and differences of the law of Qisas and Diyyat in Islam and Judaism. This study was categorically focused on the concept of Qisas and Diyyat, types of Qisas, procedure of gathering evidences, implementation of the law of Qisas, punishment of murderer and the authority of imposing the law of Qisas. This study led the conclusion that in  Judaism the law of Qiyas is strictly imposable in all circumstances, forgiving the murderer or taking blood money (Diyyat) from him is strictly prohibited, whereas in Islam the law of Qisas is flexible and it is imposable only in intentional murdering case. In unintentional murdering case, the murderer is supposed to pay blood money (Diyyat) or may get pardon from the heirs of murdered person.