The Dual Structure of Qisas and Pardon in the Punishment of Intentional Homicide: A Jurisprudential Reflection on the Relationship between Retributive and Restorative Justice

Articles in Press

Document Type : scientific

Authors

1 motahari

2 Razavi

Abstract

Punitiveness and tolerance approaches, rooted in different foundations, constitute two predominant paradigms in the systems of criminal law. The former emphasizes punishment and retaliation, leading to the perpetuation of an endless cycle of violence and punishment, while the latter, focusing on rehabilitation and reform, may forfeit some of the benefits of punishment and diminish the deterrent element. Although scholars argue that a rational combination of these two approaches brings us closer to justice, it may pose numerous challenges in balancing retribution and rehabilitation.
Studies indicate that Islamic law's approach to the punishment for intentional homicide does not fall into either of these categorizations. Islamic jurisprudence, when addressing the retribution for this offense, initially establishes Qisas (retaliation) as the severest punishment while simultaneously encouraging the victim's heirs to forgive, symbolizing the pinnacle of mercy.

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Main Subjects

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 14 October 2025

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