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

Highlights

  • Blood money is a legal entity in the current legal system of Iran, which is rooted in Islamic jurisprudence and its criminal laws, and has features and characteristics that are debatable and can lead us to a deep and accurate understanding of this Islamic legal foundation

  • The land and writing of the rival of the believer". It means that there is no believer who kills a believer unless he makes a mistake, and if he kills a believer in error, he should release the believer and give blood money to the blood owner. As it is deduced from the content of this verse, the amount of dye was not determined in the Holy Qur'an, but it was expressed in the form of the "Muslem blood money", and the blood money was known before Islam, but it was not a single amount, and its quantity and ratio, on the one hand, the soul and mindset of the bloodthirsty people, on the other hand, depended on the personality of the innocent and so on, and the passing of the victim's family from the tribe is an acceptable and acceptable act of God, and the wording is that it is not necessary to pay a contingent payment on the request of the victim's family

  • In deliberate crimes, if civilians or their peacekeepers seek financial compensation instead of retalation, the amount of compensation in the Islamic law is often determined, but the innocent or his parents can be peaceful in terms of www.iiste.org bounty"

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Summary

Introduction

Blood money is a legal entity in the current legal system of Iran, which is rooted in Islamic jurisprudence and its criminal laws, and has features and characteristics that are debatable and can lead us to a deep and accurate understanding of this Islamic legal foundation. Legal application -The penalty (criminal aspect) of the money With regard to the criminal aspect of blood money, it should be noted that when a person looks at the history of human life in the past and studies the legal periods of human life, it becomes clear that the last generations considered the blood to be a form of punishment, after which Islamic law provides regulations in this regard.

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