A LEGAL STUDY OF GROUP PARTICIPATION IN MURDER OF ONE PERSON

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SHAABANI M.H.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC STUDIES Year:2008 | Volume:- | Issue:79 (ISLAMIC LAWS AND JURISPRUDENCE) Page(s): 61-80

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Title

A LEGAL STUDY OF GROUP PARTICIPATION IN MURDER OF ONE PERSON

Author(s)

SHAABANI M.H. | Issue Writer Certificate

Keywords

MURDERQ2

PARTICIPATIONQ3

INDIVIDUALQ3

SANS-SERIF">QISA-SQ4

CLAIMANT POF THE MURDERED PERSON'S BLOODQ3

SURPLUS OF THE BLOOD MONEYQ3

Abstract

It is evident in Islamic jurisprudence and law that if a group participates in the MURDER of one person, the claimant of the MURDERed person's blood can demand punishment for all members of the group in retaliation (qisās) by paying the surplus of their blood money.Article 212 of the Islamic Penal Code asserts:If two or more people participate in killing one person, the claimant of the MURDERed person's blood can punish them in retaliation by the permission of the guardian; in case the MURDERers are two, the claimant has to pay each one of them half of the blood money; if they are three, he has to pay each one of them two thirds of the blood money, and if they are four, he has to pay each one of them a quarter of the blood money; and so forth for more participants.Some jurists have deliberated on this verdict, contending that the claimant of the MURDERed person's blood can demand retaliation (killing) of only one of the participants and the remaining others would have to pay the amount of blood money proportionate to their PARTICIPATION in the MURDER to the family of the retaliated person (‘Alam al-Hudā, Masā’il al-Nāsiriyāt, p. 533; Khānsārī, 7.344).In this essay, the arguments of both parties are critically reviewed. In such cases the best course of action as a precautious measure in preventing bloodshed seems to be avoiding, in case of expediency, to kill all the participants in MURDER.

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APA: Copy

SHAABANI, M.H.. (2008). A LEGAL STUDY OF GROUP PARTICIPATION IN MURDER OF ONE PERSON. JOURNAL OF ISLAMIC STUDIES, -(79 (ISLAMIC LAWS AND JURISPRUDENCE)), 61-80. SID. https://sid.ir/paper/29609/en

Vancouver: Copy

SHAABANI M.H.. A LEGAL STUDY OF GROUP PARTICIPATION IN MURDER OF ONE PERSON. JOURNAL OF ISLAMIC STUDIES[Internet]. 2008;-(79 (ISLAMIC LAWS AND JURISPRUDENCE)):61-80. Available from: https://sid.ir/paper/29609/en

IEEE: Copy

M.H. SHAABANI, “A LEGAL STUDY OF GROUP PARTICIPATION IN MURDER OF ONE PERSON,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 79 (ISLAMIC LAWS AND JURISPRUDENCE), pp. 61–80, 2008, [Online]. Available: https://sid.ir/paper/29609/en

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