عنوان مقاله [English]
نویسنده [English]چکیده [English]
This article reviews the critics' fault-findings against qiṣāṣ (retaliation). The writer divides the opponents' misconceptions into two categories. The first include the misconceptions targeted at the principle of qiṣāṣ and the second are the misconceptions that question the conditions of qiṣāṣ. In the first category the following misconceptions are addressed.
1. Execution is the final legal penalty for murder and not only a punishment for it, 2. Qiṣāṣ is a means rather than an end, 3. Qiṣāṣ is not compatible with psychology and sociology, and 4. Amnesty of the murderer is better than qiṣāṣ.
In the second part of this research, the precondition of social similarity, religious similarity, and gender similarity is studied and the misconceptions of the opponents of these three preconditions are set forth, with each being critically reviewed separately.