“Quesās” and morality: Does the possibility to punish shape social morality? Cover Image

„Quesās” a moralność. Czy możliwość wymierzenia kary kształtuje moralność społeczną?
“Quesās” and morality: Does the possibility to punish shape social morality?

Author(s): Michał Najman
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: quesās; morality; Islam; punishment

Summary/Abstract: The law of talion law is still in effect in many Muslim countries. Nowadays, it is associated with shifting the imposition of penalties from the state authority to individuals — most often the aggrieved party (the victim of a crime) or persons closest to him. The aim of the article is to indicate whether granting individuals the possibility of administering punishment has an impact on the morality of an individual and consequently on social morality. The answer to the issue above requires an analysis of the question of the moral obligation of the non-objective judge, such as the aggrieved party, or persons closest to him. The issue of the punishment function imposed by the victim was taken into consideration.

  • Issue Year: 131/2022
  • Issue No: 1
  • Page Range: 37-49
  • Page Count: 13
  • Language: Polish
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