Jurisprudential–Legal Analysis of Conciliation Mechanisms in Qisas Crimes in the Era of Medical and Genetic Technology

Abstract

In recent years, remarkable advances in the fields of medicine and genetics have introduced new dimensions to criminal responsibility, criminal justice, and particularly the concept of qisas within Islamic jurisprudence and law. In the Islamic criminal justice system, qisas, as one of the most significant sanctions for crimes against life, has always occupied a sensitive position at the intersection of justice, mercy, and social interests. However, in the context of modern Islamic civilization—and in light of new scientific data regarding the genome, heredity, environment, ethnicity, and gender—the need to reconsider the jurisprudential and legal foundations of qisas, along with the potential for conciliation and its conversion into lesser punishments, is increasingly evident. The central question of this study is: “Given developments in genetic and medical science, what jurisprudential and legal mechanisms for conciliation are conceivable in crimes warranting qisas, and how can such mechanisms be harmonized with the principles of Islamic justice?” The findings of the research indicate that by relying on jurisprudential rules such as the principle of la-darar (no harm), the rule of destruction (qa‘idat al-itlaf), the rule of causation (qa‘idat al-tasabbub), and the principle of justice, it is possible—when the criminal behavior is attributable to treatable genetic incompatibilities or environmental factors—to replace the implementation of qisas with alternative or therapeutic sanctions. This approach, while preserving the philosophy of deterrence and criminal justice, also aligns with human dignity and the principles of human rights. The research method is descriptive–analytical and is based on library, jurisprudential, and legal sources. The study concludes that conciliation in qisas, in the light of modern biotechnologies, can be regarded as a step toward achieving restorative justice and rationalizing the Islamic criminal justice system.