The Taaziri Nature of the One-third in Excess of the Blood Money in the Blood Money Increase Law

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Mohsen Malek Afzali Ardakani

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Journal Paper

Paper Information

Journal: Fiqh va Usul Year:2020 | Volume:52 | Issue:2 (121 Page(s): 123-140

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Information Journal Paper

Title

The Taaziri Nature of the One-third in Excess of the Blood Money in the Blood Money Increase Law

Author(s)

Mohsen Malek Afzali Ardakani | Issue Writer Certificate

Keywords

increase of the blood moneyQ1

one-third of the blood moneyQ1

murder in Haram MonthsQ1

murder in the ShrineQ1

rectifying the effective cause and cancellation of specificityQ1

TaazirQ2

Abstract

The holy religion of Islam, in order to protect the social and economic security of secure and holy places and respect their sanctity, has provided special sanctity and holiness for certain times (Dhu al-Qa'dah, Dhu al-Ḥ ijjah, Muharram, Rajab) and places (Shrine of Mecca and other honored places with differences in opinions) and aggravates or increases the punishment of perpetrators of crimes in these areas in addition to the prescribed religious punishment. If the crime committed is murder, its punishment is “ full blood money and one-third” according to a Sahih narration of Imam Sadegh peace be upon him. Throughout the history of Islamic jurisprudence, the individual entitled to receive the one-third surplus has been the one entitled to the blood money itself and this ruling indicates that the Islamic jurists have not considered this extra amount to be of a nature other than the blood money. However, the hypothesis of this article is that the one-third in excess of the blood money has a “ Taaziri” nature. In organizing the present research, analysis of texts and Ijtihadi method especially rectifying the effective cause and cancellation of specificity have been used. Proving this hypothesis has several implications the most important of which is the Islamic state's right to receive the one-third in excess of the blood money as one of the Islamic state's financial resources. Amending the relevant articles of the Islamic Penal Code is another expected implication of this theory.

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APA: Copy

, Mohsen Malek Afzali Ardakani. (2020). The Taaziri Nature of the One-third in Excess of the Blood Money in the Blood Money Increase Law. QURANIC & HADITH STUDIES, 52(2 (121 ), 123-140. SID. https://sid.ir/paper/391377/en

Vancouver: Copy

Mohsen Malek Afzali Ardakani. The Taaziri Nature of the One-third in Excess of the Blood Money in the Blood Money Increase Law. QURANIC & HADITH STUDIES[Internet]. 2020;52(2 (121 ):123-140. Available from: https://sid.ir/paper/391377/en

IEEE: Copy

Mohsen Malek Afzali Ardakani, “The Taaziri Nature of the One-third in Excess of the Blood Money in the Blood Money Increase Law,” QURANIC & HADITH STUDIES, vol. 52, no. 2 (121 , pp. 123–140, 2020, [Online]. Available: https://sid.ir/paper/391377/en

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