The treatise of “punishments” (Hudud), “retaliation” (Qisäs) and “blood monies” (diyyät)

فارسی English 1330 Views |

This book is one of the Allame Molla Mohammad Baqer Majlesi’s works and writings which has been written in Persian. In this treatise the author has explained the Criminal Law (jurisprudence), “Fixed Punishments” (Hudud) and “Retaliation” (qisas).

The author’s biography:
Alläme Mollä Mohammad Bägher Majlesi was born in Isfehän’s Där Al-Saltaneh, in the beginning of 1629A.D. (1308A.H.). His birth occurred in an educated family and ####in the time of Mir Dämäd’s “authority” (maja’iyat), the famous “jurist” (faghih) and philosopher. Alläme Majlesi has been the most famous scholar, jurist, famous “traditionist”(mohadeth), Imamism shi’a, Isfahan’s “Sheykh Al-Islam”(a high religious dignitary) and excel of Isfahan’s scholars in the middle of the second half of the eleventh century A.H. and in the first ten years of the twelfth century. Alläme was the third son of Mollä Mohammad Taghi Majlesi who was also one of the glories of shi’a scholars. In the end of Saffavid government, with great perseverance and patience, through compiling and composing of books, teaching Islamic sciences, educating many students and managing the religious affairs of shiisms in his time, succeed to serve so positively to the Iran’s shia and Muslim people that not any clergyman has had such a success. His Persian and Arabic books are as a spinal column of Imamism shi’a beliefs in the past 300 years.

His most valuable works:
1- “Haqq Al-yaqeen”(reality of certainty) on beliefs
2- “Eyn Al-Hayät”(essence of life) on ethics
3- Heliyat Al-Mutaqin on rules of injunctions
4- Hayät Al-Qolub on history of prophets
5- Jalal Al-Oyun on history of Innocent Ones (p.b.u.th.).
Most of his studies, in the field of religious sciences, was in the presence of his father and other his masters are as follows:
-Mollä Muhammad Saleh Mäzandaräni who was his brother-in –law
-Mollä Hassan
-Ali Shushtari
-Mirza Rafi’ Al-din Tabätabäi Näini
-Sheikh Abdollah Ibn sheikh Jäber Ameli
-Mollä Mohsen Feyz Käshäni
-Seyyed Mirzä Jazäyeri, etc.

His students:
1-Seyyed Ne’mat Allah Jazäyeri
2- Mir Mohammad-Saleh Khätun Äbädi
3- Haj Mohammad Ardebili
4- Mir Mohammad-Hossein Khätun Äbädi
5- Mollä Mohammad Majlesi (Alläme’s cousin), etc

Alläme Majlesi had two wives. From the first wife he had one son and two daughters and from the second wife he had one son and one daughter. It has been said that Alläme also had the third wife that from her he had two sons and two daughters. He died in his city (Isfahan) in 1699.Mar.29A.D. (1110.Ramadän.27A.H.). He was buried by Jäme mosque, his activity place and near his house, next to his great scholar father (Mollä Mohammad Taghi Majlesi). His tomb is by the Isfahan Jame mosque.

The book structure:
This book including two parts, some chapters and sections as follows:
1-part one: on explaining “fixed punishments” (Hudud) and “Ta’zirat” (punishments, in other word crimes where a punishment is determined by the discretion of the judge), which itself including some chapters:
1-1-chapter one:
on explaining the “fixed punishments” (Hudud) of adultery, sodomy and lesbian (including 5 chapters),
1-1-1- on explaining the “ punishment” (Had) of adultery
1-1-2- on “punishment” (Had) of sodomy and its results
1-1-3- on explaining the “punishment” (Had) of lesbian
1-1-4-on explaining the “punishment” (Had) of “mediation” (qiyadat),
1-1-5-on explaining the “punishment” (Had) of sexual intercourse with animals and dead people

2-chapter two: on explaining the “punishment” (Had) of cuss
3-chapter three: on the “punishment” (Had) of drinking the wine and other alcoholic (beverages),
4-chapter four: on explaining the “punishment”(Had) of robbery (including 5 chapters),
4-1- on explaining the conditions of “punishment” (Had),
4-2- on the “specified rate” (nasäb) of cutting the hand
4-3- on explaining the “punishment” (Had) of robbery
4-4-the way of proving the “punishment” (Had) of robbery
4-5- on explaining the other injunctions

5- chapter five: on explaining the “punishment” (Had) of “fighter” (mahäreb).[ mahareb means who fight against Islamic government), including 3 chapters,
5-1- on explaining the meaning of “fighter” (mahäreb),
5-2- on explaining the “fixed punishment” (Had) of “fighter” (mahäreb),
5-3- on explaining the injunctions

6-chapter six: on explaining the “fixed punishment” (Had) of apostate, including 3 “chapter” (maqsad),
6-1- on explaining the meaning of apostasy
6-2- on explaining the kinds of apostate and their injunctions
6-3- on explaining the other injunctions

7- Chapter seven: on explaining the other “fixed punishments” (Hudud) and some of miscellaneous (including 6 chapter on explaining the “fixed punishment” (Had) of magic

8- chapter eight: on explaining the “Tazir” (punishment), (including 3 chapters),
8-1- on meaning of “Tazir” (punishment, in other word crime where a punishment is determined by the discretion of the judge),
8-2-on explaining the Injunctions of “Tazir” (punishment, in other word crime where a punishment is determined by the discretion of the judge),
8-3- on explaining the kinds of “Tazirat” (punishments, in other word crime where a punishment is determined by the discretion of the judge), (including 50 subjects).

2- part second: on explaining the “retaliation” (Qisas) and “blood monies” (diyat) which including two subjects:
1-the first subject:
on explaining the injunctions of “retaliation” (Qisas) [including 7 chapter) ,
2-1-1- on explaining the kinds of homicide
2-1-2-on explaining the kinds of “deliberate homicide” (qatle amd),
2-1-3- on explaining the injunctions of participating in homicide
2-1-4- on explaining the conditions of “retaliation”(qisas),
2-1-5- on explaining the claim of homicide and whatever homicide will be prove with it
2-1-6- on explaining the quality of getting retaliation (means to retaliate),
2- 1-7- on explaining the retaliation of organs and injuries and their conditions

2- The second subject: on explaining the injunctions of “blood monies” (diyyat), including 7 chapters
2-1-on explaining the amount and injunctions of “blood monies” (diyat) of kinds of homicide (on explaining the amount of blood money’s deliberate homicide),
2-2-on causes or means of “surety” (zeman),
2-3- on explaining the blood money of body organs
2-4- On explaining the “blood money” (diya) for injuries which occurred to the usefulness of body organs (means e.g. we can see but due to the injury we become blind and cannot see),
2-5- on explaining the “blood monies” (diyyat ) for head and body’s injuries
2-6- on explaining the injuries to embryo
2-7-on explaining the wise man who the blood money of “mistake” (khatä) is necessary for him and its injunctions
2-8- on explaining the kinds of homicide’s “atonement” (kafare),
2-9- on injunctions of injuries on animals.

Sources

The treatise of “punishments” (Hudud), “retaliation” (Qisäs) and “blood monies” (diyyät) by Allame Majlisi

Keywords


0 Comments Send Print Ask about this article Add to favorites