Qisas in the Duality of Stability Oriented and Functionalist Readings

Qisas is one of the most important shapes of punishment in the Penal structure of Sharia. About this matter that Qisas is fixed penalty there are two different kinds of reading in Sharia penal theory. The famous theory believed that Qisas is a fix penalty and times and place requirements have no impact on it. This reading is stability oriented reading. In contrast to this reading we can talk about functionalist reading. Based on this reading, Qisas is a social phenomenon and its continuity redundant depends on its social function. So, if in the time passing, Qisas failed to perform its social function we can replace it with another kind of punishment.