ذمی کے قصاص سے متعلق فقہاء اربعہ کی آراء (تحقیقی وتجزیاتی مطالعہ) THE RETRIBUTION (QISAS) OF ZIMMI ACCORDING TO FOUR ISLAMIC JURISTS. RESEARCHED AND ANALYTICAL STUDY Section Islamic Studies

Abstract

The real shape of Islam is equality of human being which is blurring badly, in this perception scholar tries to explain an Islamic value of equality of human being in Islamic state.

Non-Muslims those live in Islamic state under an agreement are called in terminology of the jurists ZIMMI.  Hanafiya, Malkiya, Shafiya, Hanbliya are big Schools of thought in Islamic Jurisprudence.  The whole thinking is very serious to pay the right of Zimmi. In case of murder of any ZIMMI the murderer of ZIMMI will must be punished according to Islamic jurists. Malkiya, Shafiya, Hanbliya say to punish the murderer according to the circumstances by which none Muslim can assure their security in Islamic State and none of Muslim can dare to do so again. Whereas Hanafiya say the punishment is to hang the murderer (QISAS). However, there are differences among the four Schools of thoughts in retribution.  According to the three jurists, there will not be imposed retribution (QISAS), whereas According to Imam Abu Hanifa, qisas is obligatory on him. Though there is exist a space according to jurists except Hanfia for Muslim murderer to avoid from QISAS but it doesn’t mean to relax the murderer, he may be hanged by the order of the magistrate.  So it is categorically mentioned in the Holy Quran that if one kills a person as if he killed the whole human being.

Islam flourished rapidly in the world due to Islamic co. existence but it is made infamous by placing extremism instead of Co. Existence.