Lapse of Qiṣāṣ Punishment due to Taking Possession of the Right to Qiṣāṣ

Despite accepting the "principle of qiṣāṣ (retaliated punishment)" in the crimes against the physical entirety of people, the Islamic Legal System has stressed the preference of forgiveness and considered it as having precedence over retaliation. Therefore, the importance of studying the factors involved in lapse of qiṣāṣ, i.e, the factors which after actualization and proof of qiṣāṣ lead to its cancellation, becomes evident. With reference to the legal judgments (fatwas) of great jurists and the evidences and traditions concerning the lapse and non-lapse of qiṣāṣ punishment due to taking possession of the right to qiṣāṣ, the present article has undertaken to justify Mukhtār's view. In conclusion, due to the lack of clarity of the statutory laws in this respect, some suggestions are presented.