Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Criteria to Determine the Amount of Diya(Blood Money) and It's Consequences in Year 1402 Compared to Pervious Years.

Document Type : research

Authors
Nabi Tavan 1
mahmoud Qayyumzadeh 2
Amir Molla Mohammad Ali 3
1 PhD student of Theology and Islamic Studies (Jurisprudence and Fundamentals of Imam Khomeini's Laws and Thoughts), Khomein Branch, Islamic Azad University, Khomein, Iran.
2 Professor, Department of Theology and Islamic Education, Faculty of Humanities, Saveh Branch, Islamic Azad University, Saveh, Iran.
3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Shahid Mahalati Higher Education Complex Qom, Qom, Iran.
10.22034/ejs.2023.405804.1484
Abstract
Background and Aim: Diya or blood Money is a monetary punishment that is determined by Shari'a and the law for the purpose of compensating the damage and punishing the perpetrators. Because according to the opinion of jurists, the amount of money is determined from six cases. Diya is determined according to 6 cases identified in Shari’a and jurisprudence. Although given the panel code, it is conformed to Shari'a in practice, it is determined by Central Bank according to the rate of inflation.
Materials and Methods: The study is descriptive and analytical. library method has been used.
Ethical Considerations:In present study ,the principles of text originality,honesty and trustworthiness have been obsetved.
Findings: Findings indicate that article 549 of Islamic Penal Code has  stated the cases of Diya( blood Money) according to Sharia but the price of 100 camels is not equal to the amount of Diya or blood Money determined by the head of judiciary.Meanwhile,the details of its determination are not disclosed .In 1402 the amount of Diya or blood Money has Changed by 50% compared to the previous year .
Conclusion: The lack of transparency in determining the amount of Diya by the head of judiciary based on criteria of Shari'a or law causes damage to the right of victims.
Keywords
Diya(blood money)
Crime
Shari'a criteria
Amount of Diya or blood Money
Compensation
Subjects
Strategic Studies of Jurisprudence and Law
Volume 5, special issue - Serial Number 5
Studies of economic jurisprudence
Summer 2023
Pages 335-352