Instances of Compensation in Excess of Retaliation (Qisas) and Bloodwit (Diya)
Author(s):
Abstract:
It is unjust to absolutely accept or deny criminal’s responsibility for damages following a murder or injury. Therefore, cases should be distinguished according to the relationship between damages and thebodily harm. The criminal may be responsible for damages occurring besides and independent of the injury. This is also the case when damages are caused indirectly by the injury, since there are multiple subjects to losses. This is so even when damages are equal to bloodwit or more. But if the crime is only a condition for the damage to take effect and also if the crime is associated with damage, the criminal is not responsible for damages and may only be sentenced to retaliation (Qisas) and bloodwit (Diya).
Keywords:
Language:
Persian
Published:
Islamic Law Journal, Volume:10 Issue: 1, 2013
Page:
37
https://magiran.com/p1318448