Paper Information

Journal:   PRIVATE LAW STUDIES   SUMMER 2010 , Volume 40 , Number 2; Page(s) 49 To 64.
 
Paper: 

INHERITANCE OF DIVA

 
 
Author(s):  IZANLOO M.*, MIR SHEKARI A.
 
* PRIVATE AND ISLAMIC LAW DEPARTMENT UNIVERSITY OF TEHRAN
 
Abstract: 

The opinion of Islamic jurists are different on the subject off inheritance of Diya'(blood money). On the other hand, the matter of inheritance of Diya' has important legal effects from the viewpoint of tort law and general theory of obligations. These are the main questions: Who are the heirs of Diya'? Does homicide by error, like murder, is an impediment to Inheritance of Diya'? In case of murder, are the heirs of propostius allowed the choice between Qisas and Diya' or the only obligatory remedy for murder is Qisas and it will be transferred to Diya' by mutual consent of murderer and victims' heirs?
The article purports, While examining different opinions of Islamic(specially Shiite) jurists concerning these questions and some others, provide due solutions to protect the rights of tortfeasors, victims, heirs and creditors of propostius.

 
Keyword(s): QISAS, DIYA', INHERITANCE, RESJUDICATA, REVISION OF JUDGMENTS, DAMAGES, ALTERNATIVE OBLIGATIONS, SPOUSES, MATERNAL BROTHERS AND SISTERS (KALAALAHOMMI), PERSONAL ACTION, SUBROGATION ACTION, FICTION
 
References: 
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