An Investigation of the Concept of Blood Money from the Islamic Jurists and Lawyers’ Perspective
Keywords:
Blood Money or Diye, Arsh, Jurisprudence, Law, the Amount of Blood Money, the Law of Iran, Islamic Penal CodeAbstract
Blood money has long been prevailed among nations. It has also been used in pre-Islamic Arab society and comes to Islamic law in the same way as the theories of the sixth century AD. It isn’t yet talked about nature of the Blood Money, however, historical studies show that human’ physical and life damage and its compensation is highly considered from the first stages of human social life.
At the beginning, the human reaction to the life and physical damages had been only appeared in the form of personal revenge or mass killings. Before man’s familiarity with the concept of ownership, this reaction seemed to be the only possible punishment, but the system of penalties substantially changed after man’s familiarity with the concept of ownership and with the advance of trade and commerce. A new form of punishment was introduced to human. Study about the nature of the blood money has always been considered in various aspects, including conformity with the religious law.. All the laws in Iran have to be in complete agreement with the religious orders, according to the provisions of Article IV constitution. So all the legal and religious laws in Iran are considered as Islamic rules and laws. Blood Money is also corresponded with Islamic law. Accordingly in this article, blood money and its nature in Islamic, and Iranian law are being investigated and different views are being expressed.
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