An Interpretation of “ Financial Affordability” of a Reasonable Woman Focusing on Jurisprudential Principles

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RIAHI JAVAD

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:15 | Issue:4 Page(s): 691-710

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Information Journal Paper

Title

An Interpretation of “ Financial Affordability” of a Reasonable Woman Focusing on Jurisprudential Principles

Author(s)

RIAHI JAVAD | Issue Writer Certificate

Keywords

Reasonable WomanQ1

Criminal ResponsibilityQ2

Blood MoneyQ1

Financial AffordabilityQ1

Gradual PaymentQ1

Abstract

According to the Islamic Punishment Act, in cases of the crimes of absolute fault, the crimes committed by the minor and insane, the Reasonable Woman is responsible for paying the Blood Money of the victim in due situations to his/her avengers of the blood. The Reasonable Woman is considered responsible under the Articles 469 & 470 of Islamic Punishment Act provided that she can afford to pay the Blood Money. However, the regulations have very briefly explained that whether it is meant actual affordability by “ Financial Affordability” or else. Considering the fact that the acceptance of each of the interpretations has important effects both on the fate of the parties and the duties and authorities of the courts and the executing authorities, therefore this article using a descriptive-analytical method, has examined this subject and concluded that by “ Financial Affordability” in the Article 469 of Islamic Punishment Act it is only meant actual affordability and therefore it does not contain the Gradual Payment of Blood Money. For the same reason, unaffordability under the Article 470 of that Act should also be regarded as unaffordability to pay the debt of record in one payment.

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APA: Copy

RIAHI, JAVAD. (2020). An Interpretation of “ Financial Affordability” of a Reasonable Woman Focusing on Jurisprudential Principles. ISLAMIC JURISPRUDENCE RESEARCH, 15(4 ), 691-710. SID. https://sid.ir/paper/371181/en

Vancouver: Copy

RIAHI JAVAD. An Interpretation of “ Financial Affordability” of a Reasonable Woman Focusing on Jurisprudential Principles. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;15(4 ):691-710. Available from: https://sid.ir/paper/371181/en

IEEE: Copy

JAVAD RIAHI, “An Interpretation of “ Financial Affordability” of a Reasonable Woman Focusing on Jurisprudential Principles,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 4 , pp. 691–710, 2020, [Online]. Available: https://sid.ir/paper/371181/en

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