حكم التكافؤ في وجوب استيفاء القصاص بين الذكر والأنثى والحر والعبد - دراسة فقهية مقارنة

Abstract

The research aims to define murder in language and terminology, its types, retaliation, and its conditions, knowledge of the legal rulings regarding the obligation of retaliation between a male and a female, a free man and a slave, and the opinions of jurists on the four schools of thought regarding that and a statement of the most correct of them. The problem of the research appears in the question of many people about the legal rulings regarding the rule of retaliation between a male and a female, and a free man and a slave, meaning: Is retaliation paid to the female from the male if she kills the male or not? Likewise, is the slave retaliated against from the free man if he kills him? I divided the research into an introduction, a preface, and two sections. The introduction includes praise and praise for God Almighty and prayers and peace be upon His Messenger, may God bless him and grant him peace, the reasons for choosing the research, its importance, its goals, its problems and limits, previous studies and the methodology followed in it. The introduction includes the definition of murder and its types, and the definition of murder. Retaliation and its legitimacy, killing that requires retaliation, the elements of the crime of premeditated murder, and the conditions for the obligation of retaliation. The first section includes the ruling on killing a male with a female, the sayings of jurists regarding that, the evidence for each statement, and the most correct of them. The second section includes the ruling on killing a free man with a slave, the sayings of jurists on that, the evidence for each statement, and the most correct of them. The research included several results, the most important of which are: - The killing that requires retaliation is premeditated, aggressive killing. - Retaliation must meet conditions for killing, both the killer and the killed. - Jurists differed regarding the ruling on killing a male with a female based on opinions, the most correct of which is the obligation of retaliation from the male to the female. Jurists differed regarding the ruling on killing a free man with a slave based on opinions, the most correct of which is the obligation of retaliation from the free man for the slave in the case of premeditated murder.