Payment of Diya (Blood Money) in Multiple Intentional Murders by One Murderer in the Light of the Jurisprudential Rule of Justice

Abstract

One of the effective jurisprudential rules in the process of inferring the religious law is the rule of justice. Although this term has been used in the works of jurists of recent times, but jurists of various periods have used this rule in various issues. One of the things that needs to be covered by this rule is the issue of intentional murders, which occur multiple times and have a specific murderer. The well-known opinion of Shi’a jurists is only the Qiṣāṣ (retribution) of the murderer. While it seems that this rule is not necessary for the rule of justice. The clear question is whether the rule of justice plays a role in this case. Or that the religious rulings in this regard should be considered devotionally, and in the next stage, if justice has a place, is it necessary to retaliate, or should a blood money be paid to all the avengers of blood? The purpose of this article is the jurisprudential analysis of this issue in the light of the rule of justice. Because in the intentional murder of one person, several people of the victim's family have been harmed in two ways that the revenge of the murderer has only one aspect and the aspect of compensation is remained. Or assuming that Qiṣāṣ is fair, the compensation is for one murder and not several murders. One of the most important findings of the research is that the rule of justice can play a role as a basic and pivotal rule in relation to the religious rules and by observing the element of time and place.