الثلاثاء , يونيو 25 2024

The rule of blood money in Islamic legislation and Indian law

حکم الدية في التشريع الاسلامي والقانون الهندي

This article investigated the rule of blood money in Islamic legislation and Indian law, the methodology of desk research, and the importance of the subject to show Islam’s keenness to protect the human soul and prevent abuse and waste of it.

The summary of the results of the research is as follows: Preserving the human soul is one of the five necessities that the Sharia came to preserve and preserve from every attack. The blood money is the money owed by the perpetrator or his wife to the victim or his guardians instead of the soul or what is less. On one condition for the obligation of blood money, which is that the victim be innocent of blood, the jurists differed in the types of killing, some of them considered killing only two types, such as the Malikis, and among them were those who considered killing three types, such as the public, and this is more correct, that premeditated killing is more likely to require one of two things.

The jurists agreed that camels are the origin of the blood money, and they differed over non-camels, whether they are an origin or not. Some of them considered it an asset and some of them considered it an alternative. In intentions there are three, and it is described as thirty haqqah, thirty haqqah, and forty caliphs in the womb of her children. son of labor

Keywords: blood money, Islamic law, Indian law, Murder, Felony.

Fazlurahman SAFI, Assistant Professor Department Aqeedah, Sharia Faculty, Syed Jamaluddin Al-Afghani University, Kunar- AFGHANISTAN

Khaled AFGHAN, Assistant Professor Department Fiqh and Qunun, Sharia Faculty, Syed Jamaluddin Al-Afghani University, Kunar- AFGHANISTAN

Najeebullah SAMIM, Assistant Professor Department of Islamic Culture, Sharia Faculty, Syed Jamaluddin Al-Afghani University, Kunar-AFGHANISTAN

تقييم المستخدمون: 3.23 ( 1 أصوات)

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