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Information Journal Paper

Title

Transcendental Criticism on Obligation to pay Exacerbated Wergild in Accidents Caused by Motorized Ground Vehicles

Pages

  181-205

Abstract

 Objective: In the present study, the theory of deduction of Wergild for deliberate homicide as one of the new jurisprudential and legal perspectives on the issue of Wergild in all types of homicides, including homicides in traffic accidents, and its impact on legal obligations Companies active in the field of third-party insurance have been examined with the aim of inspiring the legislative body to amend the relevant laws and regulations. Method: The present study was conducted using a descriptive-analytical method through searching in library sources including Acts and Rules, jurisprudential and legal books, articles and other related databases. Finding: The results of this study confirm that the Islamic jurisprudence has condemned the principle of condemnation of blood feuds during the Prohibited Months, but there are differences of opinion regarding the scope of its condemnation on all types of murders as well as on the underlying crimes. It has accepted murder of all kinds. However, the innovative achievement of the present study shows that from the viewpoint of Imamieh jurisprudence and criminal law, there are numerous reasons and evidence for the condemnation of intentional homicide, Including the study of hadiths and narrations, the clarification of areas, the materiality of the practical principle, the principle of doubtful interpretation of the accusation, and finally the conformity of the criminal policy with the temporal and spatial conditions, that should be addressed by the Iranian legislator, especially in the insurance industry. Conclusion: The acceptance of the theory of concentration of Wergild for deliberate homicide on the one hand is more in line with the present conditions of Iranian society and on the other hand, it would significantly reduce the legal obligations of third-party insurance companies, equivalent to the riyal of a Muslim man's blood money in the Prohibited Months, because by incorporating the above-mentioned theory into the relevant laws, the concentration of blood money on crimes. The unintentional consequence of car accidents has been a matter of course for many years to come, and as a result, many of the problems associated with claiming surplus diets on the insurers' ceiling will also be resolved.

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    • Cite

    APA: Copy

    Bozorgmehr, MohammadAmin, & SABERI, HOSSEIN. (2020). Transcendental Criticism on Obligation to pay Exacerbated Wergild in Accidents Caused by Motorized Ground Vehicles. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), 35(3 ), 181-205. SID. https://sid.ir/paper/379303/en

    Vancouver: Copy

    Bozorgmehr MohammadAmin, SABERI HOSSEIN. Transcendental Criticism on Obligation to pay Exacerbated Wergild in Accidents Caused by Motorized Ground Vehicles. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH)[Internet]. 2020;35(3 ):181-205. Available from: https://sid.ir/paper/379303/en

    IEEE: Copy

    MohammadAmin Bozorgmehr, and HOSSEIN SABERI, “Transcendental Criticism on Obligation to pay Exacerbated Wergild in Accidents Caused by Motorized Ground Vehicles,” IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), vol. 35, no. 3 , pp. 181–205, 2020, [Online]. Available: https://sid.ir/paper/379303/en

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