Rights of avenger of blood in cases of difference blood money; To recognize basis of non-well-known jurist opinion in precedent of Council of Guardian

In previous and current Islamic Penal Code, legislator has two different approaches about enforcement of retaliation in cases of difference blood money. It originates well-known jurist opinion (Fatwa) and non-well known jurist opinion that are exist about enforcement of retaliation. According to well-known jurist opinion and basis of article 258 Islamic Penal Code Act 70, difference blood money is paid before retaliation and for changing retaliation to blood money, criminal consents payment of blood money. However, according to non-well-known jurist opinion and criteria article 44 law of Hodod and Retaliation Act 61 and also article 360 Islamic Penal Code Act 92, two rights, enforcement of retaliation that difference blood money is paid before retaliation and to take blood money, exist in cases of difference blood money. So, it is necessity that practical precedent of Council of Guardian reviewed, as authority of conformity and contradiction Shariah criteria rev, to recognize basis not accepting well-known jurist opinion about enforcement of retaliation in cases difference blood money. Therefore, in this research through a descriptive-analytic method and refer to theories of jurists of Council of Guardian, changing of juristic opinion shows that it uses accessible jurisprudential approaches to make more efficient jurisprudence as law.