PEACE IN RETRIBUTION AND ITS RULINGS IN HANAFI JURISPRUDENCE

Аннотация

Retribution (Qiṣāṣ) constitutes one of the most significant enforcement guarantees within Islamic criminal law, playing a fundamental role in ensuring justice and deterring crimes against the bodily integrity of individuals. Nevertheless, in order to safeguard social interests and to promote the spirit of forgiveness and reconciliation, Islam has introduced the institution of Sulh (amicable settlement) alongside Qiṣāṣ. Within Hanafi jurisprudence, Sulh in the context of Qiṣāṣ Is recognized as a legitimate mechanism for ending disputes and preventing the continuation of hostility, with specific legal provisions governing its application. Hanafi jurists, relying on Qur’anic verses and Prophetic traditions, consider Sulh in Qiṣāṣ not only permissible but, In certain cases, recommended and commendable; thus, the legal heirs of the victim (wali al-dam) may pardon the offender either In exchange for compensation (diya) or gratuitously. This study examines the concept of Sulh in Qiṣāṣ, analyzing its validity requirements and legal consequences under Hanafi jurisprudence, and demonstrates that this institution can play an effective role in achieving restorative justice and mitigating social harms. Furthermore, a comparative overview of Hanafi perspectives with those of other Islamic schools of law Is presented, thereby highlighting the significance of this subject within the framework of Islamic legal thought. Keywords: Sulh, Qiṣāṣ, pardon, Hanafi jurisprudence, diya, wali al-dam, Islamic criminal law.