Analysis of retaliation philosophy based on Tafsir Al-Mizan

Subject Areas : فقه و مبانی حقوق

saeed abbaszadeh ¹ (دانشجوی کارشناسی ارشد فقه و مبانی حقوق اسلامی)
حسین نمازی فر ² (عضو هیئت علمی دانشگاه بین الملل امام خمینی(ره))

Received: 2016-10-16 Accepted : 2016-11-20 Published : 2016-09-22

Keywords: &quot, Philosophy retaliation&quot, , &quot, Murder&quot, , &quot, Commentary Al-Mizan &quot, , &quot, Manslaughter&quot, ,

Abstract :

Retaliation is one of the fundamental precepts of its implementation in society has been regarded as a priority and stressed the divine legislator but today is the question is Sentence they said the enemies of Islam anti Human rights or not? the author of the answer while explaining the philosophy and wisdom of the Qisas Sentences From the viewpoint of Allameh Tabataba'i believes that the sentences not human rights but also that Allameh Tabataba'i Considering ayat of holy Koran believes although this is Qiṣāṣ that guarantees the life not amnesty or blood money and this issue is self-evident. To him, if a person is killed, Allah's creation has been destroyed and thus the Allah's intention of survival of humanity is not satisfied. Thus, in fact, the killer is challenging the divine authority. Therefore, to his point of view, the best possible way to preserve human life is Qisas; because threatening to retaliate is the most effective way to make people stop killing one another and other penalties and punishments are not so effective.