The Basis and Realm of the Damage Surplus to Blood Money
Journal Title: فقه و اصول - Year 2011, Vol 43, Issue 87
Abstract
After the victory of the Islamic Revolution and the attempts of the Islamic Republic’s officials to legalize the Islamic juridical institutions, some issues were set forth that were unprecedented in jurisprudence. To respond to these issues, the contemporary jurists made great efforts to present responses to the state’s legislators and judicial system. These responses have not been the same in all cases and are likely to be legally divided upon. Among the issues in question is what is known as “damage surplus to blood money (diya)”, which, although some discussions and religious inquiries (istiftā’s) have been made about them, some of their aspects are still ambiguous and remain to be explored into by researchers. The present paper addresses the basis and realm of damage surplus to the amount of blood money paid, in which, besides the judicial nature of blood money, different viewpoints concerning this issue are studied and various referents of damage surplus to blood money from the legal and judicial point of view are evaluated.
Authors and Affiliations
Sayyid ḤAsan Vahdatī Shubayrī
Keywords
Related Articles
- EP ID EP183257
- DOI 10.22067/fiqh.v0i0.11099
- Views 104
- Downloads 0
The Prophet’s (S.A.W.) Actual (Fi‘lī) Tradition and its Status in Inference of Rulings from the Viewpoint of the Two Major Sects (Farīqayn)
The Prophetic action and behavior as a part of tradition is regarded as a kind of evidence and legal plea. Explanation of the concept and nature of the Prophet’s (S.A.W.) action and the two sects’ analysis of this ration...
A Deliberation on the Principle of Al-ta‘zīr fī kull-i ma‘ṣiya (discretionary punishment in all sins)
The relation between crime and sin is of much importance in religion-based criminal law systems. In these systems, sin against Allah have a pivotal role in realizing crimes. In the Imāmī School, the criterion for crimina...
Revisiting the authority of “alidjma almadraki” (idjma with known origins)
Non-authority of “alidjma almadraki” (idjma with known origins) is a topic frequently raised in the Usulis’ contemporary literature. In this paper, the authority of “alidjma almadraki” has been studied through revisiting...
Analysis of Intellectuals’ Basis in “Reference of the Ignorant to the Learned” with the “Behavioristic” Method and its Comparison to “Reference of the Imitator to the Legal Authority”
Given that the most principle reason for imitation (taqlīd) is the intellectual basis in “the reference of the ignorant to the learned” and, in one respect, reliance on one’s personal conjectures and bringing up an “inte...
Searching into the Evidences on the Inclusiveness of Discretionary Punishment
Concerning the prohibited or obligatory actions for perpetrating or abandoning of which no punishment has been established, the act of determining discretionary punishment is entrusted to the Muslim judge. An important a...