Implementation of Qisas Law in Criminality (Jinayat): Historical Analysis, and Contemporary Challenges

Abstract

Qisas (lex talionis) is one of the main pillars in Islamic criminal law (jinayat), yet it is often misunderstood as a rigid and brutal practice of revenge. In fact, Qisas functions as a crucial mechanism established by Islam to reform the uncontrolled practice of revenge in the Pre-Islamic (Jahiliyah) era and to uphold measured justice oriented toward social welfare. This study aims to analyze the historical reform of Qisas and its legal development, starting from the Arab Jahiliyah era, the period of Prophet Muhammad (PBUH) and the Rashidun Caliphs, up to its application in classical fiqh (jurisprudence) and modern Muslim states. The research utilizes a literature review with a descriptive-analytical approach. The analysis is conducted chronologically, examining primary sources (the Qur'an, Hadith, and fiqh books) and secondary sources (contemporary academic studies), to dissect how Sharia reconciles proportionate justice with humanitarian values. The study concludes that Qisas functions as an instrument of justice enforcement and a maintainer of social peace simultaneously, not merely as retribution. By providing room for forgiveness (‘afw) and compensation (diyat), the Qisas law reflects the principle of rahmatan lil ‘alamin (mercy for all worlds), successfully balancing legal certainty with social reconciliation, an aspect that poses a significant challenge in contemporary state implementation.