Investigation of the punishment or compensation of Diyat from the point of view of Imamieh jurisprudence

Subject Areas : فقه و مبانی حقوق

seyedmorteza mosavytabar ¹ (Master of jurisprudence and Islamic law, Islamic Azad University, Bonab Branch)
jamal beigi ² (Assistant Professor of Islamic Azad University, Maragheh Branch)
Zahra ghahremani ³ (Master of jurisprudence and criminal law, Islamic Azad University of Maragheh.)
manochehr omidi ⁴ (Master's degree in jurisprudence and Islamic law, Bonab Azad University)

Received: 2018-04-14 Accepted : 2018-06-12 Published : 2018-06-22

Keywords: Duty Guarantee, Dyadic Dual Nature, compensation, death penalty, Death,

Abstract :

In murder or crimes, if it is not possible to take retribution, or in the specified circumstances, that Muslim blood is not wasted due to a crime committed against a person or a member of the police against him, he or his fellow parents shall be entitled to the death of Diyah. It is a question that this article seeks to answer if it is payable by the offender to the guilty person against his or her parents for punishment or for compensation. The result of this answer is that in the event of a punishment, they will have conditions that have other penalties, and that the person will be convicted, while if it is a compensation, it will be a personal right and have civil aspects whose terms Like financial transactions, it will be subject to certain conditions, and the other person will not be entitled to the criminal offense.