Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Study on the Equality of Blood Money for Men and Women

Document Type : Original Article

Authors
1 PhD Student, Department of Figh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
2 Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
3 Associate Professor, Department of Figh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
Abstract
The amount of Diyah in Islamic jurisprudence is specified by Shar'a. Its determination also conforms to its own three rules. However, the difference in the amount of it based on the gender of victim is itself disputed by jurists. The famous opinion confirms the equality of blood money for men and women up to one-third, and more than that, it causes the amount of Diyah to fall by half. According to the opposite view, in the Qur'an, Diyah is mentioned only in one verse and there is no mention of men and women and the difference between their Diyah. Hadiths cited by well-known jurists are also contrary to common sense in addition to problems in the text. However, there is a consensus about woman's blood money towards the man.
Keywords

  • Receive Date 08 June 2021
  • Revise Date 24 July 2021
  • Accept Date 16 August 2021
  • Publish Date 23 September 2021