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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   spring-summer 2018 , Volume 11 , Number 21 ; Page(s) 131 To 159.
 
Paper: 

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

 
 
Author(s):  Alishahi Ghalehjouqh Abolfazl*, AHMADI TAYEBEH
 
* Jurisprudence and Islamic Law, Yasouj University,Yasouj, Iran
 
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.
 
Keyword(s): Murder,Diyah,Muslim’s blood may not be spoiled,Bayt al-Maal,Physical Damage Fund
 
 
References: 
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Click to Cite.
APA: Copy

Alishahi Ghalehjouqh, A., & AHMADI, T. (2018). Grounds of Doctrine of “ Protected Blood May not be Spoiled” According to the 2013 IPC. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 11(21 ), 131-159. https://www.sid.ir/en/journal/ViewPaper.aspx?id=664296



Vancouver: Copy

Alishahi Ghalehjouqh Abolfazl, AHMADI TAYEBEH. Grounds of Doctrine of “ Protected Blood May not be Spoiled” According to the 2013 IPC. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW. 2018 [cited 2021May11];11(21 ):131-159. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=664296



IEEE: Copy

Alishahi Ghalehjouqh, A., AHMADI, T., 2018. Grounds of Doctrine of “ Protected Blood May not be Spoiled” According to the 2013 IPC. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, [online] 11(21 ), pp.131-159. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=664296.



 
 
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