By: Maripova Muslimabonu Sharifjon
Worth Noting:
- Qiyas is translated from Arabic as comparison. One of the sources of Shari’ah is the Holy Qur’an, Sunnah, along with Ijma. In Qiyas, the first two sources are the Holy Qur’an and any legal issue not mentioned in the Sunnah is similar to them interpreted by comparison with the instruction given on
- If the guilty person is unable to pay the diya himself, the remaining amount is collected from his relatives, i.e. blood relatives. The diya paid for murder is distributed among the heirs of the deceased as an inheritance. The diya for injury or damage is paid by the victim himself or his trusted representative to dispose of these funds in his interests.
Annotation: In Islam, the types of punishments assigned to criminals are divided into four types: Revenge or revenge, demanding Diya in return for spilled blood, punishments prepared based on Qiyas and punishments assigned by the judge.
Key words: Punishment, criminal, victim, revenge, diya, junub, crime, comparison.
We know that the punishments prescribed for crimes and other offenses in the Islamic law we are studying can be divided into four main groups.
The first is to take revenge with a similar action, i.e. (revenge): For killing a person – killing a person, for damaging property or something – harming, if insulted – to respond with an insult, to inflict such injury as the body was injured, so it is clear to us, as they say that whatever greeting is given, it is reciprocated.
The second is to pay for spilled blood, that is, to pay a fee or a fine (diya) regardless of what kind of damage was caused, it can be determined for insult, for killing a person, or for bodily injury. The third is the punishment that is determined by law based on comparison. The fourth is the punishment that can be imposed only after the judge has considered the case.
Diya – i.e. the right to food, the compensation paid for the injustice done to another person for murder, wounding or bodily harm, and for insulting others. It is discussed, but it is mainly explained in the section of qubat. The first review of the order of diya was given by Abu Yusuf. After that, Ash Shaybani explained it in detail. After that, the authors are limited to stating the rules that are common. This order The content of the rules is as follows:First of all, diya, i.e. food money, is paid for killing a person, if the relatives of the murdered person agree, and if the heirs agree to it, it is paid (to dissuade them from taking blood revenge). .
Secondly, diya for bodily injury or otherwise injury is paid in order to get rid of punishment (revenge) if the injured person and his relatives agree to it.
Thirdly, diya is paid in the case of manslaughter, bodily injury, and injury due to carelessness. No other punishment is provided for such acts.
Qiyas is translated from Arabic as comparison. One of the sources of Shari’ah is the Holy Qur’an, Sunnah, along with Ijma. In Qiyas, the first two sources are the Holy Qur’an and any legal issue not mentioned in the Sunnah is similar to them. interpreted by comparison with the instruction given on
If the guilty person is unable to pay the diya himself, the remaining amount is collected from his relatives, i.e. blood relatives. The diya paid for murder is distributed among the heirs of the deceased as an inheritance. The diya for injury or damage is paid by the victim himself or his trusted representative to dispose of these funds in his interests.
A full diya is 100 camels or 200 head of cattle or 2000 sheep or 1000 dinars (or any other sum) or ten thousand dirhams ( or equivalent) or expensive cloth for 200 garments, For intentional murder, bodily harm, and wounding, the fine is paid in a short time with the best goods, for the commission of these crimes, the fine is three to five years. can be paid within, where the goods are selected based on mutual agreement.
A complicated system of payment of diya for various injuries and injuries has been developed, for example, in cases such as a broken arm or a broken leg – one tenth of a diya, if vision is due to damage to the eye. loss or reduction of ability – half diya, tooth fracture – one twentieth of a diya, etc. unspecified injury or injuries can be assessed based on the similarity of the stated injury and injury. Diyani amount and form will be determined after the court examines it. But sometimes the parties can agree on their own without taking the case to court, if the accused person or the victim is a different person, the amount of the compensation will be reduced by two times.
Failure to pay diya for an act that harms others is punished as a violation of an important obligation. As long as the person who committed the crime does not pay the diya or agrees to pay it, he is considered impure for the religious ceremony (junub) and is forbidden to participate in religious ceremonies in general. The guilty person must pay the diya. After agreeing on it, he will have to perform ablution. Only after he does this, he is not considered a criminal in this case and can only be considered a debtor. As we mentioned above, in places where the old social structures have been preserved, it is valid only in those places where the jurisprudence and jurisprudence have retained their force. and in addition, the conditions for payment of diya, its amount, are adapted to the local conditions in that area and the perceptions and value equivalents of that place. In Islam, theft is considered a very serious sin, and theft prevention and punishment for it are recognized. In theft, we must pay attention to one thing, whether it is a pet or a bank robbery, theft is a serious sin. .
For the first theft, four fingers of the thief’s right hand are cut off, and for the second theft, the shariat cuts off the left leg up to the knee. For the third theft, the thief will be imprisoned for life. . If he still commits theft, he will not be imprisoned, Sharia requires that such a person be killed.As we know, theft is one of the crimes for which severe punishment is prescribed in the Holy Qur’an.
“Let the male thief and the female thief be punished for their deeds, let them be punished by Allah, cut off their hands!” Allah is the possessor of power and wisdom. But whoever repents and corrects himself after such oppression, surely Allah is Forgiving and Merciful. ”
The reason for applying the above heavy punishments for theft is that theft encroaches on property, which is considered one of the 5 wealth protected by Islam. Let’s consider that the stolen property must meet several requirements, in particular, its value must not be less than the specified amount. starting with one dinar, and of course the stolen property must be halal and sellable in the market. That is why stealing something forbidden in Islam, that is, may “musallas” pig stealing meat was not a crime worthy of “hadd”.
When the court makes a decision, it is only after that that the sentence of the court is given, and it is carried out by whipping or beating from forty to one hundred, and in addition, a type of punishment (tazir) that is exemplary can be used. Theft The extreme severity of the punishment comes from the legal and moral principles of Islam that private property is sacred and inviolable.
Revenge is mentioned in several verses of the Holy Qur’an:
In the word of Allah Almighty: “(one hundred and seventy-eight) O believers, it has been prescribed for you to take revenge for a free man in exchange for a free man, a slave for a slave, and a woman for a woman. Now whoever is forgiven a little by his brother ( (i.e., if he agrees to take compensation instead of taking revenge from the murderer), then it is obligatory to submit kindly and pay compensation in a beautiful way. This (judgment) is lightness and mercy from your Lord. So whoever after that, if he goes too far (for example, if he kills the murderer even after the compensation has been paid), there will be a painful punishment for him. ) if you keep.” Surah Al-Baqara, And in His words: “That is why it was said to the Children of Israel: “Whoever kills a soul unjustly or without causing corruption on earth, it is as if he has killed all people. We wrote, ‘Ladi’. Verily, our Prophets brought revelations to them. Then, and after that, many of them were among the spendthrifts on earth.” Surah Al-Maida, And in his words: “We wrote in it that revenge is obligatory for them in soul-soul, eye-eye, nose-nose, ear-ear, tooth-tooth and wounds. Who if he forgives, it is an expiation for him. Those who do not judge by what Allah has revealed, those are the wrongdoers.” (forty-five) Surah Ma’ida, and in His words: “A believer does not kill a believer. He can do it without knowing it. Whoever kills a believer without knowing it, let him free a believing slave.” and if the family (of the deceased) do not forgive, then it is obligatory to give food. if he is from a people with a covenant, then it is obligatory to free the food given to his family and the believing slave. If he does not find it, then it is obligatory to fast for two consecutive months in repentance to Allah. Allah is All-Knowing and All-Wise.” Surah An-Nisa, And in His words: “Do not kill a soul whom Allah has forbidden (killing). If it is with the right, it is okay. Whoever is killed in an oppressed state, We have given the right to his guardian. So he is wasteful in killing.” do not do it. Verily, he is the one who has been given favor.” Surah Isra.
We know that in Islamic jurisprudence (Qasas), as we discussed above, it is a punishment determined by law, and it is determined that the person who committed the crime should be punished in the same way as he was punished.
We know that revenge is the principle of proverbial punishment. Some of the rulings given in the laws of Muslim scholars have been mentioned. Heals the anger of the victim or those considered his guardians and prevents them from revenge and attempts at revenge. Deterring from committing a crime, a person who violates the right feels fear, panic, and hesitation while committing a crime. If he knows that he can be punished for this, revenge is considered as life for the society. Revenge is the judgment of God on earth when killing intentionally without any reason.
What proves punishment? Revenge can be proved by one of two things, which are: confession of the crime committed by the person who committed the crime, and confession is the master of these evidences, and the testimony of the other or two fair person, revenge is only by the testimony of another it cannot be proven, it cannot be proven even by the oath of the person who is requested.
In Islamic norms, victims of crime are recognized as having rights. The victim of the crime talks about how the person who committed the crime should be punished. In general, Islamic laws require that murderers who attempt to kill a person should be punished with the death penalty. However, the heirs of the injured person can request that the murderer be freed from this punishment in exchange for money without punishing him with the death penalty, i.e. they can demand a specified amount of money instead of the death of the murderer. can be prepared, but the death penalty will be removed from the defendant who gave money because the heirs of the person who committed the crime demanded it, that is, they must agree either money or death. But one thing makes me think that a murderer is depriving a person of his life, his future, his wealth and his family, but isn’t it wrong that he just pays money to get away with it? If the murdered person had not been killed by the criminal, he would have lived a bright life among people. If he could get away with money, wouldn’t there be a theory that others would look lightly at this crime?
I think it is permissible to mention this instead of information. The above principle is translated from English as “blood money” and is called Diyyah. We can take it as compensation for the victim. In most cases involving the death penalty, Diyyah is also for crimes with lesser charges, even in cases of negligence, for example: when driving a car, his eyes stumble, then The concept is similar to most western courts, where the prosecutor initiates a case against the accused, but there are cases in the court process where It can be radically changed. We also know that if the victim’s family demands money, or if the victim himself demands money in the case of not being taken but injured, then this situation is simply forgiveness, which leads to a reduction of the crime. Ladi, in my opinion, crimes of a serious nature, such as brutal murder, in this case, the murderer should be sentenced to death, but in the case of minor injuries, such as inflicting moderate or minor injuries on the body, it is just a matter of punishment. I think that is the way.
Let’s see what the payment amount of Diya is. In fact, no amount is given in Islam to pay diya, in many cases it is negotiated. However, in some Muslim countries, the minimum amount of diya is set. If the person who committed the crime cannot satisfy the payment, the State itself starts to help in many cases. I think that there are many positive aspects of this assistance. State assistance means prevention of another crime. I would like to give an example below, a criminal has maimed a person, although he may not want to be maimed by revenge, he will try to reconcile with the victim’s household, if he can, that is fine, but, until the victim doesn’t have the money he requested, he has to find the money to save himself. It also plays an important role in the front. Now there is almost nothing written about the amount of Muslim and non-Muslim individuals who are against skirts and women.
In some cases, controversial situations also arise: For example, if the murderer has a close relationship with the parents of the murdered child, that is, if the relationship is good, then it is not revenge to the murderer so that his family does not suffer. no matter what happens, money cannot replace the child, this is a very bad situation. Or in most cases, the criminal may run away without agreeing to pay the child. Therefore, it is necessary to study the criminal well. I think he might be a fraud. Based on the above points, we should pay attention to one thing, Crime does not go unpunished in any time and anywhere and in the religion of Islam.If we talk about the need to cut off the hand of a person who commits theft, it is good for everyone living in a Muslim society, regardless of their social origin, position, and current status. gives the right to live in life. and Islam educates people on the right path. Establishes justice in society and prevents injustice. It opens the way for people to develop their property honestly and in the right way. It also provides social support for people in an honest way. In short, it prevents people from stealing. Even then, the thief’s hand will be cut off only when he steals. A person can live well without stealing, and the secret of this lies in honesty and honest work. Islamic society is responsible for creating conditions for every Muslim to work in halal jobs. If a person does not have a craft, he teaches him a craft, and if there is no opportunity or space for him to realize this craft, he creates the necessary opportunity and space, and finds a job.
If he cannot earn enough money for his daily expenses even with his professional skills, he will help from other parties. First of all, help is allocated from the relatives of relatives who have good family conditions, income, or if there are no relatives, it is entrusted to the wealthier people living in the vicinity, and if this is not possible, they receive an allowance. If it is not enough, the state will take it from people with high income. Does a person commit theft in a society where such conditions and virtues are embodied? Even if a theft is committed, shouldn’t the thief’s hand be cut off? Hazrat Umari Adil, may God bless him and grant him peace, was walking on the road when he saw an old man who was praying. – who is this? They asked, people said that it was because the oriya got old, lost its strength and fell into this situation. Then Hazrat Umar said: – If we take a tax (jizya) from him when he is young, but when he is old and weak, let us leave it like this. They say that it is not fair that they set an allowance for an old person from Baitul wealth. It is known that receiving benefits from Baitul Mol is not only for Muslims, but also for people of other religions. Islamic society educates people in the right, fair, beautiful way.
The education of Muslims is based on faith, hope for the Resurrection, and fear of God. In Islam, every Muslim is taught and taught to earn and eat one’s share honestly, and it is explained that stealing and eating one’s share through sinful means is haram, it is a great sin, and the punishment for this is amputation. The Islamic society is built on justice, and it explains that it is forbidden to eat someone else’s rights. Everyone gets paid according to his honest work. No one’s work is insulted, even if it is insulted, it is condemned. Everyone has a right to things that are common property or community property. Who does not use them? Heads of state, or some individuals and some families. Islamic society creates conditions for the development of personal property of each person. The more people earn more property with honest work, the better. In this case, the state will not seize people’s property, and other people around them will not be jealous. If there are all the conditions to work, to restore oneself, is it not worth cutting off one’s hand if one steals as a slave to one’s ego? ?. In addition, several types of punishments are listed according to Muslim criminal law. In this case, we must emphasize that the old punishment methods specific to the society that existed before the states were also used. For example, Sharia prescribes revenge, compensation, tazir and other types of punishment for many crimes. Punishments are divided into three types depending on the degree of theft, i.e. the first, had, the second, revenge or compensation and expiation, and the third, tazeer punishment.
Atonement is a payment for a bad deed or a sin, and it is given for the forgiveness of the sin if the compensation cannot be paid. For example, if a Muslim does not fast during Ramadan for any reason, he/she fasts at another time instead. The concept of expiation occupies an important place in the Shari’ah rules, in which swearing a lie, in cases of unjustly harming someone, it is prescribed to give charity in a known amount to atone for one’s sin.
MARIPOVA MUSLIMABONU
2nd year student of the Faculty of International Law and Comparative Law of Tashkent State Legal University
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