Jurisprudential and legal challenges of the system of dowry and compensation

Subject Areas : Criminal jurisprudence

Hosein Kulivand ¹ , esmail aghababaei bani ^{2 *} , vahid nekounam ³

1 - Phd student in field of criminal law &criminology at islamic azad university ,Qom brsnch
2 - Faculty member of the Institute of Jurisprudence and Law; Institute of Islamic Science and Culture, Qom, Iran
3 - Assistant Professor of Hazrat Masoumeh University

Received: 2022-12-28 Accepted : 2023-01-26 Published : 2026-01-02

Keywords: Bodily damage, Iran&#039, s diah system, diah challenges, diah law,

Abstract :

The need for physical compensation guides different legal systems to define and explain mechanisms for physical compensation،in the meantime ،the practices and mechanisms adoptsd in each country must on the one handbe consistent with the general rules and structure of its legal system and on the otherhand be able to provide the best solution. In the contemporary legal system،the payment of blood money for physical damage is exclusive to Islamic jurisprudence ،and in other jurisdictions the only cost to the injured person is the cost of his /her burial if the victim dies immediately blood money system as a signing warrant in Islam is the main basis of physical damage atonement in Iran. Since the time of changing the system of physical damage atonement in Iran and passing the law of punishments and retaliation in 1361 until now, there are some significant challenges in the field of blood money as the main challenge are addressed. On the other hand, during the years of accepting the blood money systems in Iran, there have been some alterations and reformations of legislation in this filed. If the blood money institution can pass from its internal challenges and if it ends the internal conflicts and defines a clear and specific filed, it would be introduced globally as the first level physical damage.