📖 ABSTRACT/OVERVIEW
Qisas (retaliation) and Diya (blood money compensation) govern intentional and unintentional homicide under Islamic criminal law, providing the victim's family with options for retributive justice or financial compensation in lieu of retaliation. In Adamawa State, where Sharia court jurisdiction covers personal status and some criminal matters in Muslim communities, the application of Qisas and Diya provisions intersects with federal criminal law jurisdiction. This study practically reviews the application of Islamic homicide law, specifically Qisas and Diya provisions, in Adamawa State legal proceedings. A case study methodology is applied to twenty-two homicide-related case files involving Qisas and Diya considerations from Adamawa courts between 2010 and 2022, supplemented by interviews with ten judges and legal practitioners. The study examines the doctrinal classification of homicide into deliberate (Amd), semi-deliberate (Shibh al-Amd), and accidental (Khata) categories and their prescribed consequences, the procedural role of the victim's family, and the constitutional constraints on Qisas application in a federal criminal system. Existing literature identifies the preferential application of Diya through settlement agreements over formal Qisas proceedings in Northern Nigerian courts. The Maliki and Hanafi comparative positions on Qisas qualifications provide the doctrinal framework. Findings are expected to reveal consistent preference for Diya settlement over capital punishment execution. Recommendations address formal settlement procedures, Diya calculation standards, and judicial training on Qisas procedural law. Keywords: Qisas, Diya, homicide, Adamawa State, Islamic criminal law.
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