"Reflections on the Determination Theory of the Right of Qisas in Murder

According to the theory of determination of the right of retaliation, the avengers of blood in murder have only the right of retaliation and demanding monetary compensation depends on the killer’s satisfaction. But according to the alternative theory of the right of retaliation, the avengers of blood are free to choose between retaliation and monetary compensation and the killer is obliged to do whatever the avenger chooses. Although, the determination theory is well-known in Amanieh Fiqh, its reasons and argument do not have enough integrity and reason and is opposed by practical issues such as wasting the blood of victim and not respecting the interests of heirs. Although the legislator in the Islamic Penal Code 2013 complies with the terms of Fiqh jurists and relies on determination theory, but in the derivatives of the problem, in order to solve some practical problems, it has violated the requirements of the theory and follows a dual criterion; however, it has not been able to solve all the problems and the negative consequences of this theory; This article tries to criticize the foundations of the determination theory of the right to retaliation and reminds its practical problems.