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| مجله علمی "حقوق خصوصی" | ||
| Article 3, Volume 2, Issue 7, January 2004 PDF (415.33 K) | ||
| Abstract | ||
| Based on Sharia rulings the formal response of post revolutionary Iranian criminal law to murder and intentional corporal injuries is the law of retaliation upon the demand of victim’s family. Although this punishment was established in Koran at the time of sovereignty of Prophet Mohammad, its enforcement at that time was under severe moral commands for reconciliation and amnesty. The prophet and Imams have always interfered to settle these cases through non-retributive means and accordingly, in their traditions one find a lot of recommendation to the Muslims to mediate between the conflicting parties of murder for the sake of peace and justice. Nowadays, in some cases of murder the same solution happens by interference of some special honorable persons particularly by greybread men, clergymen and descendents of prophet Mohammad in holy cities of Iran, specially in some parts and tribes of Iran. Many evidences show that this mechanism in the cotext of tribal and religious families and especially among the faithful circles functions very good in restoring harms and settlement of conflicts. In this article, the researcher has studied religious texts as well as the cases in the Iranian justice system. | ||
| Keywords | ||
| Blood-Money; Conflict; killer; murder; Resolutions; retaliation; Victim‘s family | ||
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