University of Guilan (with the participation of the Iranian Association of Penal Law) Criminal Law Research 2322-2328 12 1 2021 06 22 Qisas in the Duality of Stability Oriented and Functionalist Readings Qisas in the Duality of Stability Oriented and Functionalist Readings 151 174 4889 10.22124/jol.2021.15885.1874 FA Hassan Maldar PHD student of Ferdowsi university Abdolreza Javan Jafari Associate Professor of Law, Ferdowsi University of Mashhad Seyyed Javd Sadati Assistant Professor of Law, Ferdowsi University of Mashhad Journal Article 2020 03 02 Qisas is one of the most important shapes of punishment in the Penal structure of Sharia. About this matter that Qisas is fixed penalty there are two different kinds of reading in Sharia penal theory. The famous theory believed that Qisas is a fix penalty and times and place requirements have no impact on it. This reading is stability oriented reading. In contrast to this reading we can talk about functionalist reading. Based on this reading, Qisas is a social phenomenon and its continuity redundant depends on its social function. So, if in the time passing, Qisas failed to perform its social function we can replace it with another kind of punishment. <br />  Qisas is one of the most important shapes of punishment in the Penal structure of Sharia. About this matter that Qisas is fixed penalty there are two different kinds of reading in Sharia penal theory. The famous theory believed that Qisas is a fix penalty and times and place requirements have no impact on it. This reading is stability oriented reading. In contrast to this reading we can talk about functionalist reading. Based on this reading, Qisas is a social phenomenon and its continuity redundant depends on its social function. So, if in the time passing, Qisas failed to perform its social function we can replace it with another kind of punishment. <br />  https://jol.guilan.ac.ir/article_4889_604373ba8027f1e334aeec0523067762.pdf