During Qisas, Is Consideration Given To The Aftermath Of Punishment?
It is what the court has to decide considering all the circumstances of the crime and the man and his motives if he deserves a concession or not.
@Irfan76 Okay sir I understand. Sir so looking at Quran at 42:40 where in previous ayah it is said about Muslims that they retailate when they are subject to ‘Baghi’ and in this ayah it tells that recompense of an evil act is with same act like that. so keeping this portion of Quran in mind and other areas where Qisas/equal retribution is mentioned. legally Islamically what form of injustice is to be done in return? Is it like physical injury/murder only? or other types of injustice also, like for example someone powerful used his guard to prevent an innocent poor man from entering his own house (poor man’s own house) for a month. and that poor man kept sleeping outside house and suffered rooflessness for a month because of oppression from the powerful Man. is it Islamically obliging that equal punishment of exiling the powerful Man from his own house for a month, is required? I mean here does qisas commandments play role? or legally it only applies to physical hurt and injury or murder? can you please explain what paradigm of oppression/baghi comes in qisas commandments either straight or as a corollary of aim of command?
Yes, it has to be decided by the court according to the situation. It can be settled with a monetary fine only. There can be more than one workable solutions