The Jurisprudential-Legal Study of the Duties of the Islamic Government toward the Payment of Damage and Blood Money to the Volunteer Rescuers

In the event of natural calamities and other accidents, some members of volunteer rescuers may suffer from serious physical harms or they even may lose their lives. Since, in certain cases, the harmed volunteer forces or their avenger of blood refer to a judicial court to ask for the payment of damage or blood money about which there is no insurance coverage or explicit regulations and this has become a matter of question and doubt for judges and lawyers. Hence, the question which this research work seek to answer is that what institution is responsible for the payment of damage or blood money to the volunteer forces or rescuers. The thesis of the present research is, given the jurisprudential principles and fundamentals and certain other laws and regulations, insurance companies, and in case of nonexistence of any insurance coverage, the Islamic government can be made responsible at the discretion of a Muslim guardian jurisconsult or when supreme interests demand to pay for blood money or for the damage inflicted on these people. From among the conclusions reached in this research is that the existing laws, in emergencies, have not anticipated the damages inflcted on the people’s volunteer forces. However, considering the conluding phrases of the article 516 of the Islamic penal code ratified in 1392 and of other laws and bylaws, one can hold the offices and organizations which announce the call for providing relief responsible, and with no favourable circumstances, the public treasury is considered responsible for the payment of the damage or blood money.