The Proofs of Qisas of the Debtor’s Murdererby Relying on Unfamed View of Ṣāḥib al-Jawāhir and the Islamic Penal Code of 2013

Qisas (Arabic: قصاص, lit. 'retaliation, accountability, following up after, pursuing or prosecuting') has been legislated in order to protect the public interest, but the important question arises whether the avengers of blood can retaliate (qisas) the murderer regardless of the victim (slain)’s debts in the assumption that the victim owes money; but, lacks patrimony (inheritance) to pay his/her debts by the heirs? Famous scholars of jurisprudence have not considered the right of qisas (retaliation) permissible based on Abū Baṣīr (Arabic: ابو بصیر)’s narration for the avengers of blood without paying or accommodation endorsement of the victim's debt, while Ṣāḥib al-Jawāhir (Arabic: صاحب الجواهر, the author of al-Jawahir) and some contemporary jurists has been considered it permissible by citing the Qur'anic and narrative generalities, considered the principle of non-acquisition of property and the principle of non-paying (Arabic: اصل عدم الاداء) and accommodation endorsement. The Islamic Penal Code of 2013 has also held the case silent in this regard and criminal law doctrine has entered less of it, and on the other hand, there is no specific judicial procedure (precedent) in this case. The present article by using descriptive-analytical method and analyzing the evidences of these two mentioned views has considered the dominant (popular, famous) opinion stronger, which has a major role in providing the economic interests and general order of the society.