فهرست مطالب vafa darvishpour

One of the fundamental and indisputable laws in the Islamic jurisprudence and law is the doctrine of Aqeleh guarantee (paternal relatives of a murderer) which according to that the liability of blood money of mistaken homicide and wound, and whatever is supposed as mistake crimes, like children or mad crimes, is on charge of the Aqeleh of criminal, not the doer himself. In contrast to that is the legal doctrine of "being crimes in person", which is based on rational and narrative proofs, and is equivalent "Vezr" (burden), in jurisprudence, which according to that "everyone is responsible for his(or her) legal act or behavior, and, nobody else is responsible for penalty which based on that act or behavior. As, Aqeleh guarantee is in contrast to this reasoned out doctrine, so, it was, continuously, in attention of jurists. This article, while endeavored to explain the meaning of Aqeleh, and developed its inclusions in compare to its ordinary definitions, has defined the divine law philosophy and conditions of the Aqeleh guarantee. The research concluded that Aqeleh is a governmental judgment which in an especial social condition and in the aim of support synthetic basis of the society was legitimized or divined law by the holy prophet(s),and its survival, during all the times, is depended on those philosophy and conditions.

Ignorance and mistake are two important elements in the jurisprudence studies.If we know Imam's opinion about these two mentioned elements, we can analyze their effects.In this article, the author mentions some famous traditions can help us. He uses them to analyze the effects of these elements.