A Jurisprudential Analysis and Criticism of Certain Articles of the Islamic Penal Code (on the Liability of Public Treasury towards the Compensation for Murder)

Subject Areas : All jurisprudential issues

Abasali Heydari ¹

1 - استادیار گروه فقه و حقوق اسلامی، واحد اراک، دانشگاه ازاد اسلامی، اراک، ایران

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2008-03-20

Keywords: compensation for murder, murderer, the murdered, paternal&#x0D, &#x0D, relatives of murder, Public Treasury, deliberate, quasi – deliberate, mere&#x0D, &#x0D, mistake,

Abstract :

According to certain articles of the Islamic Penal Code and provisionsenvisaged under the same, the Islamic judge, or in other words, the PublicTreasury is responsible to pay the compensation for murder to the avengers ofblood.Surveying the legal foundations of the liability of the Public Treasurytowards compensation for murder, the author in this article has reached thefollowing conclusions:1. The liability of the Public Treasury in some cases including thatmentioned in article 236 of the Islamic Penal Code – majority ofjurisprudents have issued Fatwa on the same issue on the authority ofan event of the earlier days of Islamic – is under question and subjectto criticism.2. Considering contemporary common and social conditions which arequite different from the time of the issuance of Hadiths concerningthose liable to the compensation for murder including the PublicTreasury, it is possible to present alternative mechanisms moreconsistent with temporal requirements. Thus it is suggested that thelegislation reconsider the above – mentioned articles and revokearticle 236 of the Islamic Penal Code.