نوع مقاله : مقاله علمی ترویجی
نویسنده
عضو هیئت علمی دانشگاه آزاد اسلامی واحد بوشهر
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
While referring to some verses of the Holy Koran, the sacred legislator sets retaliation as a punishment for the premeditated murder, through which not only the other people get warned, but also the murdered, who has performed a wicked deed with an evil intention and motive, bringing about horror and agitation in the society, would receive a punishment. However, since the main harmed person in this crime does not exist, the right of performing retaliation is given to the avenger of blood. But the question is that if the murdered has some debts that his heirlooms do not suffice to pay them, do the avengers of blood still have the authority to perform retaliation against the murderer or not? In this regard there is a controversy among jurists. Relying on the verse "…he who is unfairly murdered, we have made his avenger of blood king…" and on the fact that retaliation is the right of the avenger of blood, some jurists believe that avengers of blood can retaliate the murderer without undertaking the debts of the murdered. But relying on Abu Basir's narrative, some others believe that avengers of blood cannot perform retaliation against the murderer without undertaking the debts of the murdered,
کلیدواژهها [English]
قرآن کریم(ترجمه مهدی الهی قمشهای)
نوری، حسین(1408ق)، مستدرک الوسایل و مستنبط المسائل، قم: مؤسسه آل البیت:.
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