Judicial Study of Blood Money Considering the Present-time Conditions

Subject Areas : Private law

Mahmoud Aghajani ¹ (واحد نجف آباد)
Ahmad Abedini ² (واحد نجف آباد)
mohammadali heidari ³ (واحد نجف آباد)
Nadali Ashoori ⁴ (واحد نجف آباد)

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

Keywords: blood money, Present-time conditions, Imamiyeh Jurisprudence,

Abstract :

This research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or not? Or is it logical that the slaughterer have arbitrary choice over these six forms of payment?  According to Shiite Religious Jurisprudents’ fatwa and the Words, the blood money of manslaughter of a Muslim male is said to be in one of the six forms (camel, ox, sheep, Dirham, Dinar, Yamani Hilla). The most prominent Shiite religious jurisprudents believe that the slaughterer is free to choose among these said forms, but the results of this study shows firstly that these six forms of blood money payment are not valid at the present time, rather, what was intended by the religious lawgiver had been some amount of money determined by the Islamic ruler in accordance with Sharia’s references and the era’s conditions to be paid to the slaughtered in order to prevent the blood of a Muslim going to waste, secondly that the arbitrary choice of slaughterer in the form of payment is not logical at present conditions. So it is recommended that the amount of blood money and the arbitrary choice of the slaughterer be revised by the Shiite religious jurisprudents with religious deducing according to present time conditions. The method of this study is descriptive-analytical in which the necessary information has been gathered by studying The Words and reviewing some of the prominent Shiite’s religious jurisprudents verdict on manslaughter’s blood money