A Reflection on the Legitimacy of the Entry of

Mohamadian, ALI; Zobdeh, Mohammad

doi:10.22034/jccj.2024.450734.1530

A Reflection on the Legitimacy of the Entry of "Holla Yamani" among the Six Guilds of Diyeh

Document Type : Original Article

Authors

ALI Mohamadian ¹

Mohammad Zobdeh ²

¹ Member of the Faculty of Fiqh and Islamic Law Department, Bozorgmehr University of Qaenat, Qaen, Iran.

² Ph.D Student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Tehran of University, Tehran, Iran; guest lecturer at Bozorgmehr University of Qaenat. (Corresponding Author)

10.22034/jccj.2024.450734.1530

Abstract

The famous Imami jurists have included "Yamani Halla" among the categories of dowry and believe that a person can pay this type of dowry in the case of committing an unintentional murder or with the consent of the parents of the victim in the case of willful death. This theory in MA is also reflected and reflected. Considering the current research gap, in a problem-oriented study and by adopting the descriptive-analytical method, the present essay has analyzed the documents of the famous point of view. The results of the research indicate that the main reason for adopting such a word is the hadiths of the chapter and the alleged consensus. The result of the research shows that the said narrations are not able to satisfy the popular opinion and the weakness of documents and brokerage of these narrations is considered an obstacle towards their acceptance. The alleged consensus is also faced with several prohibitions, including the fact that it is a documentary dispute, and it is not capable of being cited in the Mahnafiyyah.

Keywords

Consensus of Jurists

Six Sects of Diya

Holla Yamani

Diyat

Imamiyyah Jurisprudence