The Scope and Limitations of Executing Qisas (retaliation) of Body Parts in Conjoined Twins Based on Islamic Jurisprudence and Human Rights Standards
Year: 2025
Type: article
Abstract: Conjoined twins, as a rare biological phenomenon, pose unique challenges in the interpretation and execution of criminal rulings within Islamic jurisprudence. The execution of qisas (retaliation), especially when shared organs between twins are involved, necessitates a thorough examination of jurisprudential principles, ethical considerations, and human rights standards. This article aims to evaluate the scope and limitations of executing qisas of body parts in conjoined twins based on Islamic jurisprudence and human rights principles. From the perspective of Islamic jurisprudence, the principle of justice in qisas requires that the punishment be proportional to the harm inflicted. However, in the case of conjoined twins, complex questions arise, such as determining ownership of shared organs, assessing the impact of qisas on the lives of both individuals, and delineating criminal responsibility. Using a descriptive-analytical method, this study critically examines the scope and limitations of implementing qisas on conjoined twins within the framework of Islamic jurisprudence and human rights standards. If vital organs such as the heart or brain are shared between the twins, distinguishing their legal personalities becomes challenging, and in many cases, the traditional execution of qisas may be impossible. In contrast, if the critical organs and biological systems of each individual are independent, qisas could be implemented with adherence to the principles of justice. Furthermore, human rights standards emphasize that the dignity and rights of both conjoined individuals, particularly the innocent twin, should not be overlooked in the process of qisas. Islamic law, while emphasizing justice, also considers principles such as compassion and the protection of the innocent. Thus, in certain cases, alternatives such as diya (blood money) or other mechanisms may be proposed as more humane and equitable solutions. This research concludes that addressing the complexities related to conjoined twins requires more comprehensive ijtihad within Islamic jurisprudence to ensure that both justice and human rights are upheld. This topic remains a fertile ground for further investigation within Islamic jurisprudence and contemporary law.
Author: Alireza Salehi
Language: English
Subfield: Education
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411050608