milad sheikholeslami

Today, the issue of gender change is also important in terms of legal and legal medicine. Given the fact that the legislator has not explicitly taken a decision on this issue, this is a leading challenge that can be addressed in the face of these issues. The ability to respond to them has come. Among the issues that can be mentioned in this regard is the issue of responsibility for the payment of Diyat, which in some cases the right of retribution is obligated to pay dividends before retaliation. With this explanation, is it possible for the perpetrators of the right of qisas to have an effect on the criminal and gender mutilation of the crime before and after the crime in rejecting Fadhil Diyah in deliberate crimes as well as those who pay the Diyat in pseudo-intentional crimes and pure error? In accordance with Article 167 of the Constitution, in the case of the silence of the legislator, the judge is obliged to seek a proper ruling from authentic Islamic sources and can not refuse to investigate it on the pretext of silence and legal prosecution. With this explanation, various opinions and arguments in this regard have been made by the jurisprudents that some Absolutely, they consider the act to be unlawful; in contrast, some have also accepted the permission of the practice, which ultimately can provide a unique legal remedy for the adoption of a single action procedure.