جستجوی مقالات مرتبط با کلیدواژه « : Tab’eiz » در نشریات گروه « فقه و حقوق »

At the time of deliberate murder, what can be deduced from the Quranic verses and Islamic hadiths, as well as ijma’[1], is that qisas-e nafs is a right for the owliya’-e dam[2]. In Islamic fiqh, some conditions have been considered for the realization of the rights of the victim. Yet, a question raises here that if there is any possibility of tab’eiz in qisas-e nafs, so that the valiyy-e dam retaliates partially; i.e., he or she retaliates some part of qisas, or in other words does not take the life of the murderer (i.e., total retaliation); but, in return, by implementing retaliation partially (for instance by cutting one organ like the leg of the murderer) he or she forgives the murderer not to go under capital punishment, or is ready to compromises under some certain conditions. This is an issue that has not been directly mentioned in the Islamic texts and narrations, nor in the jurists’ opinions of various Islamic schools. According to one view among contemporary foqaha[3] in qisas-e nafs, tab’eiz is by no means acceptable since soul is per se a single entity by essence that after the creation of the body organs, the soul has been breathed into them and such soul is not like the body that has independent components or organs. However, relying on the principles, rules and reasons governing the issue of qisas, including the right of qisas, compromisability of qisas, the necessity of saving one’s life, advisability of forgiveness, inclusion of the principle of choosing the lesser of the two evils, etc. one can claim that qisas is a right, and since one can forgive his/her right of qisas completely, he /she can also forgive some parts of his/her right of qisas, or the right of qisas can be waived by the agreement of the parties. To conclude, it seems that one cannot say that there is no possibility of tab’eiz in qisas-e nafs, and owliya’-e dam can be satisfied through compromise with less amount of punishment than blood vengeance, or execution as capital punishment.