Safeguarding Life as a Higher Objective (Maqṣad) in Islamic Law:

The Prophetic Perspective on Paternal Retribution in Filicide and Its Application in the Jordanian Penal Code

Tamam Al-Assaf

Oumama Hamasha

Hana Al-Assaf

 

Abstract: This article examines the legal and societal complexities of parental filicide under Islamic law and the Jordanian Penal Code, framed within the higher objectives of Shari’ah, namely, the objective of the preservation of the soul (maqṣad ḥifẓ al-nafs). The analysis of three case studies explores how the judicial system applies mitigating circumstances, particularly when crimes are committed in a fit of rage or extreme emotional distress. The article highlights the flexibility of the Jordanian legal framework, which strikes a balance between justice and compassion, allowing for leniency in cases involving family honour or grief. The study also explores the Mālikī view of qiṣāṣ and its suspension when disciplinary intent introduces legal doubt (shubha), drawing on the Prophetic hadith “ دلاولا داقُي لا

بولده – lā yuqād al-wālid bi-waladih” (“A father shall not be killed for [the murder of] his child”).1 A combined sanad (transmission chain) and matn (text) analysis confirms the hadith’s authenticity, harmonises it with Qurʾānic universality, and traces its contemporary application in Jordanian law. Beginning with this sanad–matn critique, the article then situates the ruling within the framework of maqāṣid al- Shari’ah and modern Jordanian penal practice. By comparing the two systems, the study demonstrates how Jordanian legislation reflects Islamic principles, achieving justice while preserving life through a nuanced response to familial violence.