끼싸쓰(동해보복형)에 관한 샤리아 규범

• 영문명: Shariah norms of Qiṣāṣ(retaliation) : On the literature research method
• 발행기관: 한국이슬람학회
• 저자명: 임병필
• 간행물 정보: 『한국이슬람학회논총』제33권 3호, 1~36쪽, 전체 36쪽
• 주제분류: 인문학 > 종교학
• 파일형태: PDF
• 발행일자: 2023.10.31

영문 초록

Qiṣāṣ is a punishment that punishes willful perpetrator in the same way as a victim. Islam, through the Koran and the Hadith (Sunna), broke the chain of unrelenting retaliation in the pre-Islamic era by allowing the application of Qiṣāṣ only to the perpetrator who intentionally killed and wounded. In addition, it induced an amicable resolution between the two parties by providing a basis for the victim's family to choose to forgiveness or Diya (compensation). The Koran, through five revelation verses, applies Qiṣāṣ between equal statuses in case of murder and injury, and reveals that the guardian of the victim has the right to the murderer (execution, forgiveness). Then, Hadith confirmed the revelation of Qiṣāṣ in the Koran through about 40 Sunnas or narrated, restricted, and limited its contents. Afterwards, the Sunni four legal schools held the common view that Qiṣāṣ should be applied to those who intentionally killed an innocent person, but believed that Qiṣāṣ was extinguished through the forgiveness of the victim. In some Islamic countries, including Saudi Arabia, which adopts Shariah as the national basic law, the Qiṣāṣ of Sharia is reflected as a part of the criminal law.

목차

Ⅰ. 서론

Ⅱ. 코란과 하디스의 끼싸쓰 관련 계시

Ⅲ. 순니 4대 법학파의 끼싸쓰 관련 법적 해석

Ⅳ. 결론

키워드

샤리아 끼싸쓰 핫드 타으지르 코란 하디스 순나 순니 4대 법학파 Shariah Qiṣāṣ Hadd Ta’zir Koran Hadith Sunnah Sunni four legal schools