Protection of the Victim's Heirs in Cases of Intentional Homicide Under Islamic Law and its Relationship to Restorative Justice

10.2478/bjlp-2023-0000043

Abstract

Islamic law has provided for the strictest possible sanctions against perpetrators of intentional homicide, namely qishas.  The wisdom that can be taken from the practice of qishah is for humans to appreciate other human beings. The execution of qishah to perpetrators of intentional homicide is also intended to protect the heirs of victims of intentional homicide. This study aims to unravel the protection of the victim's heirs in cases of intentional homicide  under Islamic law and its relationship with restorative justice. This research is a normative legal. Research result shows the application of the absolute qishah of property rights of the heirs of the victims of intentional homicide whose execution can be replaced by diyat through  the mechanism of forgiving of the perpetrator. Forgiveness is a peaceful process as an alternative to solving criminal cases with a better specific purpose. Through peaceful institutions, it turns out that Islam has previously carried out restorative justice