Application of the Jurisprudential rule "LaZarar" in Judgment about the Blood Vengeance and the Blood Money of Injuring a Sports Opponent
According to the jurisprudential rule "LaZarar", sports that cause significantphysical injury are prohibited; in other hand, exercise is needful for humansociety and injuries are part of it; therefore, we need detailed research on thelimit of authorization and prohibition of sports injuries, so we can promotedoing sports, even high-impact types. It’s forbidden to injury and sheddingsomeone's blood, unjustly; but the jurisprudential principle about the bloodvengeance (Qisas) is to precaution; If there is any doubt about the retaliationof the offender, we should refer to victim (Majni-aliyeh) assent that he hadgiven before the crime and prove that the offender is innocent, then this rightof retaliation is inherited after the victim's death. It is the same for the BloodMoney (Dieh); like the surgical waiver of liability. This right of retaliation isfirst for victim so he/she has possibility to revoke it. The right of receivingthe blood money is also first for the victim, then avenger of blood inherit itafter the victim's death; however, with the victim's assent to crimes, this rightis also revoked. In analyzing this subject, there are two foundations; Analysisof jurisprudential rule and its allocation. Assuming that there are forbiddeninjuries, some of them are excepted from this jurisprudential prohibition,through allocation or not included at all.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.