Retaliation of the murderer man for killing a woman from the the Qur'an and hadithspoit of view

Subject Areas : Criminal jurisprudence

MAHDI  ZANDI ¹ (m.a. in criminal law. electronic branch. Islamic Azad university, Tehran.Iran.)
gholamreza  radmehr ² (asistant profossor of electronice branch, islamic azad university, tehran, iran.)

Received: 2022-03-26 Accepted : 2022-08-06 Published : 2022-08-07

Keywords: premeditated murder, Fadhil Diyah, Walidm, reconciliation, Qisas,

Abstract :

According to Imami jurisprudence, if a man intentionally kills a woman, then the woman can retaliate by paying half a diyat to the man. This sentence, in addition to the fact that the ransom is conciliatory in premeditated murder and requires the consent of the killer, is sometimes problematic in practice; Because sometimes a woman is not able to pay the ransom and the killer is not willing to compromise; As a result, a woman's blood is exposed to waste. There are several ways to solve this problem, including the equality of male and female retaliation, the payment of a woman's ransom from the treasury and not recognizing the ransom, and the possibility of forcing the killer to pay half of the ransom. In this article, the first and second ways are reviewed and the third way is proposed.In verse 32 of Surah Ma'idah, the Holy Qur'an emphasizes the sanctity of human life with a beautiful interpretation and considers self-murder as one of the greatest sins, and legislates the guarantee of retribution and blood money to prevent its commission as punishment for criminals and compensation for some damages.