Grounds of Doctrine of “Protected Blood May not be Spoiled” According to the 2013 IPC

Subject Areas : All jurisprudential issues

Abolfazl Alishahi Ghalehjouqh ¹ , Tayebeh Ahmadi ²

1 - Associate Professor of Theology, Jurisprudence and Islamic Law, Yasouj University,Yasouj, Iran
2 - Master of Theology, Yasouj University, Yasouj, Iran

Received: 2016-12-25 Accepted : 2017-05-04 Published : 2018-12-22

Keywords: Murder, Diyah, Muslim’s blood may not be spoi, Bayt al-Maal, Physical Damage Fund,

Abstract :

Islam very much values human blood protection and does not allow a drop of blood to be spoiled; the Islamic Penal Code also states in Article 478 that "If the killer is not identified, Absolutely, Bayt al-Maal is responsible for Diyah." However, pursuant to Article 10 of the Civil Liability Compulsory Insurance Act covering the owners of motor vehicles against third parties, approved on September, 2013, intended to "protect victims of traffic accidents, and to cover the escaping or failed identification of the faulty party", the Physical Damage Fund is responsible for for paying the Diyah. Given the above, where the common element is "failed identification of the murderer", but the Diyah's payment entity is different, a question rises as to what is the judicial precedent on the payment of Diyah? What is the relation between the two funds? This paper concluded that, according to the 2008 judicial precedent, for the payment of Diyah in prosecutor’s office and courts, these two funds are sometimes held liable longitudinally (first, the Physical Damage fund for damages, and then Bayt al-Maal), and sometimes horizontally (both the Physical Damage fund for damages and Bayt al-Maal simultaneously). Or first the judge initially holds the Physical Damage Fund liable for paying Diyah and then holds Bayt al-Maal liable for paying the difference. However, according to the judiciary's legal department's opinion issued in 2013, these two funds are distinguished, and in the event of physical damage, the Physical Damage Fund is responsible for the payment of the Diyah, and if the killer is not identified, the dependents of the victim may refer to Bayt al-Maal to receive Diyah.