List of Articles سید مصطفی محقق داماد

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  1 - The condition of proving or enforcing gender equality in the execution of Qisas
  seyyed mostafa mohagheghdamad kazem khosravi
  10.30495/jcld.2022.693701
  One of the conditions for proof or implementation of Qisas is gender equality. Islamic jurists have given many opinions about it. Regarding the acceptance of the difference between men and women's “diya”, there are different opinions regarding the type of pu More

  One of the conditions for proof or implementation of Qisas is gender equality. Islamic jurists have given many opinions about it. Regarding the acceptance of the difference between men and women's “diya”, there are different opinions regarding the type of punishment for intentional crimes of a Muslim man compared to a Muslim woman. So that some jurists consider the condition of equality in gender as one of the conditions for proof of retribution. Some consider “Diyah” and “Arash” as a substitute for revenge. Some also rule in the case of intentional crimes by men against women, absolutely, without proof of retribution, or accept retribution only in case of equality of the member's dues. In the case of intentional crimes, where the member's compensation for the crime reaches one third of the compensation or more, they order retribution. This is despite the fact that the majority of Imami jurists consider gender equality as a condition for execution of Qisas. In intentional crimes committed by a man against a woman, where there is a difference in dowry, the implementation of qisas depends on the payment of the difference in dowry by the woman or her guardians. It seems that by studying the evidence cited by the jurists in accepting this condition (either in the proof stage or in the execution stage), it can be supported by the confirmation of the rulings related to the dowry and also considering the effect and role of the element of time in the inference of this The rulings, the basis for accepting this condition is shaky and the said condition is considered to be rejected for proof or execution of Qisas. Manuscript profile