DEVIATION FROM SOUL RETALIATION AND COMPROMISE ON LIMP RETALIATION IN MURDER CASES

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JABBARI M.; OMIDI J.

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Paper Information

Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2016 | Volume:8 | Issue:3 Page(s): 1-18

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Title

DEVIATION FROM SOUL RETALIATION AND COMPROMISE ON LIMP RETALIATION IN MURDER CASES

Author(s)

JABBARI M. | OMIDI J. | Issue Writer Certificate

Keywords

RIGHT OF RETALIATIONQ2

SOUL RETALIATIONQ1

LIMB RETALIATIONQ2

PARDON OF MURDERERQ1

AVENGER OF BLOODQ1

COMPROMISEQ2

Abstract

In case of murder, in accordance to the holy verses, traditions as well as the consensus of jurisprudence scholars, AVENGER OF BLOOD has the right to demand retaliation, PARDON OF MURDERER and COMPROMISE on blood money. There is no discussion on this question that "can the parties of the claim COMPROMISE on LIMB RETALIATION instead of SOUL RETALIATION?" It seems that relying on the principles and reasons such as the RIGHT OF RETALIATION, COMPROMISE ability of the right, analyzability of the retaliation, comparability of the similar cases, religious preference, recommendation of shariah sources to reduction of homicide and retaliation as well as the necessity of life preservation, it is possible to say that such COMPROMISE is permissible in accordance of Islamic jurisprudence and legal system; and act to the benefits of the both parties. These article first attempts to state the problem and then to discuss its legitimacy reasons.

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APA: Copy

JABBARI, M., & OMIDI, J.. (2016). DEVIATION FROM SOUL RETALIATION AND COMPROMISE ON LIMP RETALIATION IN MURDER CASES. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 8(3), 1-18. SID. https://sid.ir/paper/223521/en

Vancouver: Copy

JABBARI M., OMIDI J.. DEVIATION FROM SOUL RETALIATION AND COMPROMISE ON LIMP RETALIATION IN MURDER CASES. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2016;8(3):1-18. Available from: https://sid.ir/paper/223521/en

IEEE: Copy

M. JABBARI, and J. OMIDI, “DEVIATION FROM SOUL RETALIATION AND COMPROMISE ON LIMP RETALIATION IN MURDER CASES,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 8, no. 3, pp. 1–18, 2016, [Online]. Available: https://sid.ir/paper/223521/en

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