By Abu Asad al-Afghani
The law of qisas is a divinely ordained and profoundly wise system established by the Creator of human nature. It stands among the central rulings of Islamic penal law, which the Noble Qur’an describes as a safeguard for society and a means of preserving life. Its purpose is to restrain reckless violence, to put an end to personal vendettas, and to prevent criminals from shedding innocent blood with impunity.
This law seeks to cultivate a sound, stable, and peaceful society in which individual rights are honored and mutual responsibilities are upheld. Qisas is a ruling revealed by Allah (SWT) to preserve the essential foundations of communal life, foremost among them the sanctity of human life itself. Allah Almighty has made human blood profoundly sacred. In the Farewell Sermon, the Messenger of Allah (PBUH) proclaimed that a person’s life, wealth, and honor are inviolable, their sanctity equal to that of the Kaaba.
Broadly speaking, killing falls into two categories: intentional homicide and accidental homicide, the latter of which jurists divide into several further types. Intentional murder occurs when a person deliberately and knowingly takes a life. Accidental killing refers to cases where death occurs through error, without intention.
In cases of intentional murder, Islamic law prescribes that the perpetrator face the same penalty he inflicted on the victim, which is qisas. Most human societies throughout history have adhered to some form of this principle. Historical experience shows that wherever qisas has been applied, the sanctity of life has been protected. Wherever it has been ignored, human blood becomes cheaper than water, giving way to disorder, brutality, and unrestrained killing.
To halt such chaos, Allah (SWT) revealed the law of qisas as a means of safeguarding life. Linguistically, qisas conveys the idea of following or matching an action. In Islamic jurisprudence, it refers to imposing upon the offender the same level of harm he inflicted.
Qisas is among the world’s oldest legal principles, preserved across generations. Before Islam, the Arabs of the Age of Ignorance followed a destructive custom: if one of their tribesmen was killed, they retaliated by killing several members of the killer’s tribe, sometimes wiping out entire clans to avenge a single life. This fueled endless cycles of revenge and intertribal warfare. In such an environment, Allah (SWT) revealed a law grounded in justice. Islam removed retribution from the sphere of personal vengeance and placed it within a legal and judicial structure.
Islam did not permit people to kill one another in the streets under the pretext of revenge. Instead, it entrusted matters of life and death to judges, courts, and a framework of justice. The religion abolished corrupt tribal practices in which dozens were murdered because of the crime of one person. Allah (SWT) states in Surah al-Ma’idah, verse 45:
“And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him.”
The meaning is unmistakable: one life in place of one life, one eye for one eye, and one wound for another. Whoever chooses forgiveness earns divine forgiveness in return.
If one’s relative is killed, Islam teaches that retribution may be sought only from the murderer himself, not from his family or tribe. Qisas is such a balanced and just system that no alternative law has managed to satisfy the rights of victims’ families, uphold justice, and ensure that the criminal does not escape responsibility in equal measure.
Qisas serves as a powerful deterrent, preventing individuals from daring to commit murder and preserving society from bloodshed. In all rulings, Islam considers the deeper wisdom behind them. In matters of life and death, it upholds the rights of the victim’s heirs with absolute fairness.
Allah (SWT) summarizes the philosophy of qisas in Surah al-Baqarah, verse 179:
“And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.”
The purpose of qisas is not killing for its own sake. Its purpose is to preserve life, to protect society, and to secure the safety of both individuals and communities.
Some people argue that qisas involves taking a life and that mercy would require sparing every life. Yet not every form of leniency is true mercy. Showing indulgence to a murderer is, in reality, an injustice against the innocent. If a killer is set free, he may shed more blood, continuing the cycle of murder. Qisas is therefore an act of compassion toward people, not a form of cruelty. Executing a murderer can save many innocent lives. It is not the destruction of life, but the preservation of life.
A healthy society rests upon the preservation of religion, life, property, honor, intellect, and other essential rights. Scholars and jurists have long regarded these as the foundational elements of social order. The role of Islamic penalties is to safeguard both religious and social life. This is achieved when people refrain from harmful actions out of moral integrity or, when necessary, out of fear of just punishment.
The Islamic Emirate of Afghanistan (IEA), as the governing authority responsible for implementing Islamic law in the country, bears the religious duty of preventing unlawful killings, restraining oppressive murderers, and enforcing qisas as a deterrent when the legal conditions are fulfilled. Praise be to Allah, qisas has been implemented in several provinces in recent years, and today in Khost province the lawful ruling of qisas was carried out upon a murderer.
It is necessary here to address a repeated allegation. Some groups, notably ISIS and other Khariji groups, spread baseless claims that the IEA refrains from enforcing hudud and qisas due to international pressure. Today’s implementation of qisas clearly refutes these fabrications. The leadership of the IEA, particularly its judiciary, bows to no external pressure and will never abandon Islamic punishments because of threats or political demands.
At the same time, it must be understood that Islamic law lays out precise and stringent conditions for the enforcement of hudud and qisas. Often these conditions are not fully met, which is why qisas is not carried out in many cases. Islamic law requires that guilt be established either through a voluntary confession before a Sharia court, free from coercion, or through the testimony of two upright witnesses who fulfill all legal requirements.
Such standards of proof are not easily met, and only a small number of cases satisfy all the conditions necessary for qisas to be enforced.
Furthermore, the legal principle that “hudud are waived in cases of doubt” applies. Any uncertainty, however small, prevents the implementation of hudud or qisas. When a ruling may result in the taking of a life, extreme caution is required. This is one of the reasons why qisas cases are relatively few.
Another factor is Afghanistan’s deeply traditional social fabric. Through the mediation of elders, religious scholars, and respected community figures, the family of the victim often chooses to forgive. This widespread practice of reconciliation significantly reduces the number of qisas rulings.
In conclusion, there is no truth in the claim that the IEA has succumbed to international pressure or relaxed its commitment to Islamic punishments for worldly interests. The IEA remains firm in fulfilling its Islamic responsibilities and will continue to enforce hudud and qisas in accordance with the established principles of Sharia.
