What Are the Conditions for Qisas (Retribution) and How Is It Carried Out in Iranian Law?

Introduction

“Qisas” is one of the most important and widely discussed concepts in Islamic criminal law. Although many people have heard the term, there are still many questions:

What exactly does qisas mean?

In what cases does it apply?

Is it limited to murder?

Can the victim’s family forgive the offender?

This article provides clear answers — based on the Islamic Penal Code of Iran — regarding when and how qisas (retribution) is implemented.

What Is Qisas?

The word qisas means “retaliation” or “an eye for an eye.” In legal terms, it refers to the right of a victim or their family to demand equal punishment when someone commits intentional murder or bodily injury.

Article 289 of the Islamic Penal Code (2013): "Intentional crimes against a person’s body or life, if certain legal conditions are met, result in qisas."

Types of Qisas

Qisas al-Nafs (Retribution for murder): In cases of intentional murder, the victim’s family (known as walī-ye dam) has the legal right to demand the execution of the killer.

Qisas al-‘Udw (Retribution for injury): If someone intentionally causes bodily harm (e.g., breaks a limb, blinds someone, amputates a finger), qisas for injury may apply, provided fair execution is possible.

Legal Conditions for Qisas in Murder Cases

To apply qisas for intentional murder, the following conditions must be met:

The act must be intentional (i.e., done knowingly and willfully)

The offender must be sane and mature

The victim’s legal heirs must demand qisas

There must be no legal barrier, such as the killer being the father of the victim

Who Has the Right to Demand Qisas?

The legal heirs of the victim (those entitled to inherit) are known as the “walī-ye dam.” They may:

Demand execution (qisas)

Forgive the offender (no punishment)

Accept blood money (diya) and forgo qisas

If multiple heirs exist and one demands qisas while others forgive, the case may become complex and might involve partial settlement or compensation.

Can the Victim’s Family Forgive the Offender?

Yes. If all legal heirs of the victim agree to forgive, qisas is canceled.

Even if forgiveness is granted just before the execution, the sentence is revoked.

Qisas for Bodily Injury: When Does It Apply?

If someone intentionally injures another person, the victim may request qisas for injury — but certain conditions must be met: