끼싸쓰(동해보복형)에 관한 샤리아 규범 : 문헌학적 연구방법을 중심으로

Abstract

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.