Deadline for Payment of Blood Money in Quasi-intentional Murder

Subject Areas : Private law

mohammad mohseni dehkalani ¹ , ali mohammadian ² , elaheh gholizadeh ³

1 - دانشگاه مازندران
2 - دانشگاه فردوسی مشهد
3 - دانشگاه فردوسی مشهد

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: blood money, Quasi-intentional murder, Deadline for payment of blood money, Two years, Three years,

Abstract :

Lawmaker in new Islamic penal code in chapter five of general articles of atonements, under paragraph b of article 488, has determined two years deadline for payment atonement in quasi-intentional murder, as the murderer is required to pay half of atonement per year. This viewpoint is accompanied agreement of famous Imam Jurists with itself. The main famous reason after consensus, is being "different criteria". They believe since the quasi-intentional murder is lighter than first degree murder, and harder than chance-medley, and as respects in first degree murder that causing atonement and chance-medley murderer have to paid atonement respectively in one and three years so in quasi-intentional murder naturally this term should be two years. The author with conflict in was claimed consensus and denial mentioned credit reason and cited to evidence predications of deadline for payment atonement, and also cited to practical principle in position, respite and term payment of mentioned atonement knows three years.