The Effect of the Payment of Diya by the Institutions on the Acquittal of the Debtor's Liability

Abstract

Most of well-known jurists of the Ahl al-Bayt and Hanafi schools have officially recognized the responsibility of the wise man in pure unintended murder and have agreed with the guarantee of the wise man. Just as in the era of the issuance of the Ahadith, the inclusion of ruling of the responsibility of the wise has been definite; But today's conditions of the society seems completely different from the conditions of the era when those Ahadith were issued; Because in the era of issuing the Ahadith, tribial affiliations and tribal relations prevailed in the societies of that day, especially in the Arabian Peninsula, and support and compensation were done through the tribal system, but today, the tribal system and tribal relations have been dismantled, and compensation and protection are done through commitments and contracts. Today, in many societies, the guarantee of the wise is totally removed, so there will not be any ruling. In such societies, compensation for damages must be done through commitments and contracts with institutions such as insurance, but in societies where guarantee of the wise is still in effect, if the wise shows disobedience to the payment of indemnity and its performance by institutions such as insurance, in some cases the wise will be acquitted of responsibility, and in some cases due to negligence of the divine duty, the wise will be punished even though compensation has been done by the institutions. Based on this, the present article tries to discuss and investigate the possibility of replacing institutions such as insurance instead of the wise institution in Ahl al-Bayt jurisprudence and Hanafi jurisprudence.