The Jurisprudential-Legal Analysis of The Guardian Council's Approaches in paying the medical expenses Surplus to Blood-Money

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MASOUDIAN MOSTAFA

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Title

The Jurisprudential-Legal Analysis of The Guardian Council's Approaches in paying the medical expenses Surplus to Blood-Money

Author(s)

MASOUDIAN MOSTAFA | Issue Writer Certificate

Keywords

Blood-Money

Medical Expenses

Liability

Supreme Leader

Guardian Council

Abstract

Although many experts have tried to prove the offender's Liability for paying Medical Expenses surplus to Blood-Money by using rules such as rule of prohibition of detriment (La Zarar Rule) or Causation rule (Tasbib Rule), but despite the fact that the offender's Liability was mentioned in various enactments, the jurists of the Guardian Council knew it contrary to Sharia and hence, the parliament was forced to remove them. Nevertheless, the Guardian Council has confirmed the conviction of the offender to pay these expenses in the Law on Intensifying the Punishment of Acid Spraying approved in 2019. So, the question of this article is to analyze the basis for different approaches of the Guardian Council toward this issue. Considering the detailed negotiations of the jurists of the Guardian Council indicates that most of these jurists have been opposed to this issue due to the lack of jurisprudential evidence, as well as the opposition of Imam Khomeini and the Supreme Leader in this regard. In contrast, some have tried to justify the offender's Liability to pay these expenses by presenting new reasons. This article through a descriptive analytical method indicates that the reasons for the conviction of the offender to pay these expenses can be criticized and only in deliberate crimes like acid spraying, if the Supreme Leader allows, the felon can be sentenced to pay these expenses.

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APA: Copy

MASOUDIAN, MOSTAFA. (2020). The Jurisprudential-Legal Analysis of The Guardian Council's Approaches in paying the medical expenses Surplus to Blood-Money. JOURNAL OF PUBLIC LAW KNOWLEDGE, 9(27 ), 69-88. SID. https://sid.ir/paper/376856/en

Vancouver: Copy

MASOUDIAN MOSTAFA. The Jurisprudential-Legal Analysis of The Guardian Council's Approaches in paying the medical expenses Surplus to Blood-Money. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2020;9(27 ):69-88. Available from: https://sid.ir/paper/376856/en

IEEE: Copy

MOSTAFA MASOUDIAN, “The Jurisprudential-Legal Analysis of The Guardian Council's Approaches in paying the medical expenses Surplus to Blood-Money,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 9, no. 27 , pp. 69–88, 2020, [Online]. Available: https://sid.ir/paper/376856/en

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