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

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.