The cases of blood money payment from the public treasury with an attitude towards the new Islamic Penal Code

Mozafar Hamzei Mashary, Alireza Saibani

Abstract


 

This study aims to investigate the cases of blood money payment from the public treasury with an attitude towards the new Islamic Penal Code ratified in 2013. Islam is one of the most important divine religions that according to Quran orders it is the most complete religion. Regulatory rules in the Islamic Republic of Iran in accordance with the constitution must be based on Islamic criteria. The principle of personal responsibility demands that in the event of a crime against the life or infra-life the only responsible person for the payment of blood money is the criminal. The principal has exception in cases such as the rational and relatives sureties. One exception is the public treasury that in certain cases is responsible for payment of blood money of a crime committed by another person. Although there is disagreement about the fundamentals of public treasury responsibility, presuming this responsibility in this paper, we have studied its domain and investigated the public treasury responsibilities towards blood money condensation, blood money difference, injuries blood money (infra-life), Arsh (mulct) and damages surplus to blood money.


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