چکیده:
Islamic laws consist of commands and prohibitions, each of which is subject to the pursuit of expediency and the prevention of corruption. Retribution, as one of the penal laws of Islam, is also included in this rule and has been legislated by considering the individual and social interests of humans. In the present study, which has been conducted using a descriptive-analytical method in accordance with the subject, the interests in the legislation of the retribution law have been analyzed so that the valuable position of the retribution law in the Islamic penal system becomes clearer than ever and it can respond to the critics of retribution. As a result, it was determined that, firstly, the commands and prohibitions in Islamic law are based on the observance of expediency and corruption, and the laws follow the interests and corruptions of the person in charge, and this issue is inherent in all divine laws, including retribution. Secondly, among the interests of retribution are the protection of the social and religious system, the prevention of injustice and blind revenge, the discipline of individuals, and deterrence.
خلاصه ماشینی:
60 Journal of Applied Research in Jurisprudence and Law / Year 4, Issue 2, Serial 6, Autumn and Winter 2024 An Analysis of Individual and Social Interests in Qisas (Retaliation) 1 Mohammad Mahdi Zareei 2 Mohammad Reza Zangia badi 2 Date of Receipt: 2024/10/06 Date of Acceptance: 2024/11/26 Abstract Islamic rulings consist of commands and prohibitions, the legislation of each of which is contingent upon seeking interest (maslahat) and repelling corruption (mufsadat).
However, if we consider Sharia rulings to be subordinate to the Masalih and Mafasid of the essence of the matter (nafs al-amr), many jurisprudential issues and Sharia rulings will be subject to discussion and reconsideration by taking into account Maslahat and Mafsadah, as well as the change and transformation of those rulings over different periods of time; for example, regarding the issue of the personal nature of punishments and the objection raised by some individuals concerning the payment of blood money (Diyah) for an accidental criminal by the 'Aqilah (kinship group) of the killer, with a demonstrative view of the subordination of rulings to Masalih and Mafasid, it can be said that this issue was legislated due to the tribal system prevailing at the beginning of Islam, which had such defensive pacts, and at this time, when such a system does not prevail, such a ruling should also be nullified.
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