نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار فقه و حقوق اسلامی دانشگاه سمنان
2 دانشیار حقوق جزا دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
In case of murder, in accordance to the holy verses, traditions as well as the consensus of jurisprudence scholars, avenger of blood has the right to demand retaliation, pardon of murderer and compromise on blood money. There is no discussion on this question that “can the parties of the claim compromise on limb retaliation instead of soul retaliation?” It seems that relying on the principles and reasons such as the right of retaliation, compromiseability of the right, analyzability of the retaliation, comparability of the similar cases, religious preference, recommendation of shariah sources to reduction of homicide and retaliation as well as the necessity of life preservation, it is possible to say that such compromise is permissible in accordance of Islamic jurisprudence and legal system; and act to the benefits of the both parties. These article first attempts to state the problem and then to discuss its legitimacy reasons.
کلیدواژهها [English]
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