THE RIGHTS OF THE VICTIM’S NEXT OF KIN IN RELATION TO THE CREDITORS OF MURDERED

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MIRSHEKARI ABBAS

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Paper Information

Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:22 Page(s): 233-259

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Title

THE RIGHTS OF THE VICTIM’S NEXT OF KIN IN RELATION TO THE CREDITORS OF MURDERED

Author(s)

MIRSHEKARI ABBAS | Issue Writer Certificate

Keywords

QISAS

BLOOD MONEY

MURDER

CREDITORS

Abstract

In the case of MURDER, the holders of the right to retaliation (QISAS), can ask for the execution of a MURDERer or through the consent, QISAS converts to BLOOD MONEY. Also, they can pardon the MURDERer and spare the MURDERer’s life. In addition, when it comes to manslaughter, there are also two rights: Asking BLOOD MONEY and the forgiving. Now, the question is that if MURDERed is a debtor, are these rights will be preserved? In response to the question, regarding the relationship between QISAS with public order and the supremacy of public interest over private interests, the right to QISAS is preferable. However, BLOOD MONEY is prior to MURDERer’s right to life. As a result, BLOOD MONEY should be used to pay the debt of MURDERed. Forgiveness of MURDERer without compensation is against the normal behavior. As such, the fault is considered. Consequently, they have no right of forgiveness of the MURDERer unless they obtain the consent of CREDITORS.

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APA: Copy

MIRSHEKARI, ABBAS. (2018). THE RIGHTS OF THE VICTIM’S NEXT OF KIN IN RELATION TO THE CREDITORS OF MURDERED. CRIMINAL LAW RESEARCH, 6(22 ), 233-259. SID. https://sid.ir/paper/266623/en

Vancouver: Copy

MIRSHEKARI ABBAS. THE RIGHTS OF THE VICTIM’S NEXT OF KIN IN RELATION TO THE CREDITORS OF MURDERED. CRIMINAL LAW RESEARCH[Internet]. 2018;6(22 ):233-259. Available from: https://sid.ir/paper/266623/en

IEEE: Copy

ABBAS MIRSHEKARI, “THE RIGHTS OF THE VICTIM’S NEXT OF KIN IN RELATION TO THE CREDITORS OF MURDERED,” CRIMINAL LAW RESEARCH, vol. 6, no. 22 , pp. 233–259, 2018, [Online]. Available: https://sid.ir/paper/266623/en

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