The Concept of Blood Money and Retribution in Islam

Abstract

The reason to investigate the present issue and its aspects raised from the fact that there is still no consensus in the legal system of the Islamic Republic of Iran, regarding the criminal or civilian aspect of the Blood Money, and this not only in the legal level, but at the level of the judiciary and courts, has a practical and objective effect. If we take a look at the history of the blood money and its emergence, we find that this was the establishment of a legal remedy for the damage sustained against him/his parents, and in fact, we were victimized for blood, and he was more private in nature, but with the formation of governments, this situation was taken from the blood and tried to give a color of punishment to this legal foundation. Thus, it became clear that the blood money actually had a mixed and two-dimensional nature, that is, on the one hand, it should be used to compensate for the death of the victim or the innocent, on the other hand, it is a penalty that has been imposed upon him and should be enforced against him. This is the point that the Islamic Republic of Iran's penal code has accepted it. On the other hand, the current Iranian law has used the Islamic jurisprudence to conclude that life is responsible for the loss of excessive damage to the money that has been inflicted on the injured party and should be compensated for it, and it should be considered that the non-acceptance of damages and damages the surplus on the money indicates that the society is not paying attention to the facts of justice and justice, and finally it has been proved that the prescribed values ​​of the six-year blood money can be used to compensate for the loss of harm to the victim in the form of money in any Islamic country. The order of the implementation of religious laws is to be achieved with the requirements of time and place.

DOI: 10.7176/RHSS/9-12-10

Publication date:June 30^th 2019