One of the epistemic and applied areas of the Islamic jurisprudence and Islamic jurisprudence is the research institute of Islamic systems in the field of criminal law and Islamic criminal jurisprudence in the field of crimes against the physical integrity of individuals. The present study titled “Paying Diyah from Beit Elmal; The Basics, the Scope and Procedures of the Proceedings”, by Mr. Hosseinalebi (a member of the faculty of jurisprudence and law of the Islamic Culture and Thought Organization), is in the field of “crimes against individuals”. The author of this work, after explaining some of the practical and important terms that can be relevant to the topic of the study, addresses the causes of bipartism and describes the scope of government responsibility in different areas, and at the end of the rules of procedure and procedure The payment of Diyah from Beit Elmal has been explained.
Compensation for the victim has long been a concern for human societies and legal systems. In the past, when criminal policy was more focused on crime or delinquency, compensation was also limited in many respects because, firstly, compensation for damage was material damage (such as the abolition of a member of a person); second, compensation was only for the offender and Ultimately, his relatives were not responsible, and the governments and governments were not responsible for this, and thirdly, compensation was only made for someone who was directly affected by the crime.
In recent decades, as the criminal or criminal policy has focused on the victim and the emergence of the idea of the need for more and more victim support, the scope of compensation for the victim has developed in all its dimensions, the most important of which is the possibility – but also the necessity – of compensation by governments, Public institutions. Today, there is a need to compensate for the physical, psychological, and material damage that has been inflicted on the innocent, consensus and popular consensus that many NGOs have been working on in this regard.
The legal system of Islam must be considered in the policy of protecting the victims – at least in the Diyala regulations. A look at the rules of the Diyat and the numerous authorities that Islam has foreseen to pay for Diyah in the fourteen centuries ago is a prerequisite and comprehensive consideration of the legal system of Islam to any scholar and scholar. This special effort and special look at the necessity of compensation for the damage inflicted on Mujayna Ali or his family stems from the position of man and his high rank in this religion. God who created man in “the best of the calendar” and put him on the earth and his successor on the earth and blamed his soul on his infinite and dead body, he cherished so much that even the lack of preparation and compensation for the damage Also, the unintentional crime was unacceptable.
In the legal system of Islam, the necessity of the blood-sucking down of the earth is from the doctrine of Islam and the consensus of the Africans. There are many narratives that have been introduced in order to avoid the misappropriation of Muslim blood – but the absolute of any respectable blood – of its kind, unsurpassed or unparalleled. In order to achieve this ambitious goal and the human goal (compensation for physical damage caused by crime and the loss of blood), there is a wide range of responsibilities for the payment of damages and compensation. In addition to committing a crime that is primarily responsible for the payment of Diyat, in the first place and in accordance with the rules of the minister and the rational and responsible principle of personal responsibility, relatives, guarantor of Jerirah, the Islamic Believer and ruler (bital al-Maliki) will also be responsible for paying the damages and compensating them. Had
The legal system of Islam, in order to make it easier to compensate for damages, and to receive a crime of dishonesty for the Redeemer or the Parents, is easy and also with more guarantees and assurances, sometimes it establishes certain entities such as the Jirray’s Guaranty institution, and sometimes it is the perpetrator The relatives of the relative mankind) is responsible for the payment of the dignity of the crime, and when such measures also do not have the necessary effectiveness in order to prepare for the crime and the execution of the Diyat, as the last and most reliable strategy and decision, the Islamic ruler is responsible for the compensation Gives you the chance to break the damaged blood to zero.
The importance and necessity of the subject and its explanation
It may not be time to file a lawsuit in relation to the state’s responsibility to pay Diyah. The cases in which the perpetrators of the crime have not been identified, the cases in which the perpetrators fled after committing a crime and fled from access and fork of justice, claims related to purely mistreatment crimes committed by the Diyat, but relatives committed the ability to pay Diyat And the perpetrator himself is not entitled to pay the Diyah, cases in which the judge’s error was in the issuance of the sentence and as a result of the injury and harm to the innocent person, the situation of the executioners who were killed in the shootings of the agents, and many other cases Topics and cases in which there is talk of government responsibility.
The existence of a large volume of such cases on the one hand, and the existence of some ambiguities and legal dilemmas regarding the payment of Diyah, on the other hand, was made by the author himself as one of the suppliers of the Diatayat section of the Islamic Penal Code, approved in 1392 and due to close cooperation with The Qaza Institute for Educational Research (formerly the Islamic Jurisprudence Research Center), the Islamic Research Center of the Islamic Consultative Assembly, and the Forensic Medicine Organization, are closely monitoring the shortcomings of the law by requiring them to conduct a comprehensive investigation into the responsibility of the Baha’is to pay Diyah, As far as possible and according to their scientific knowledge, part of these ambiguities and gaps, by referring to Religious tone appropriate responses, provide the hope that the issue of judicial decisions and subsequent amendments of the penal code, to be used.
What makes this issue even worse is that the prosecutor must, with the necessity of adhering to the law of Leipzig, and the special interest in not inflicting Muslim blood on the use of Beithalim, should be cautious and order the payment of a diyah from all that belongs to all The people of the Islamic community are considered to respect the envy of the Muslims and take the utmost precision and obsession.
To clarify the significance of the issue, it may be more appropriate to point out some of the existing legal uncertainties:
– In cases where a person is murdered and the perpetrator is not identified, or after identification, the law explicitly clarifies the status of the disha and, in general, prescribes the payment of the Diyat from Betalmal to circumstances, but in similar cases that someone injured or injured And the perpetrator has not been identified or fired, the law did not express a clear ruling, which led to the issuance of conflicting opinions from the courts.
– In cases where he is responsible for the payment of the damages he committed, he fails or dies. In accordance with Articles 474 and 475 of the Islamic Penal Code, the Diyat will be paid, if applicable, from the property or the estate, but if it does not have the money, the Diyat’s crime will be paid out of Betalmal. Now, in cases where the perpetrator did not escape, but the sponsor is not paying the Diyah, there is a legal vacuum over the license or non-payment of the Diyat’s salary from Betalmal, although the former and former presidential and prosecutors have tried to resolve the vacancy by issuing directives.
– In cases where he committed a crime of immature immorality and the Diyat’s crime is less than the position, considering that he often does not commit property to pay divorce, between the prosecutor – due to the lack of clarity of the law – the possibility or impossibility There are disagreements regarding the payment of Diyat from Betametal.
– The existing rules are ambiguous, in other words, more precisely, whether there is any effect on the payment of Diyat from Beit Almal, the occurrence of a crime within the country, and the nationality of the offender or the offender.
Because in many cases the ambiguity and law of jurisprudence, jurisprudence and jurisprudential approaches are also different from these questions and similar questions, the referral of jurisprudential sources and jurisprudents’ sources to jurisprudents is not very useful and does not exclude the difference of votes. For this reason, it seems that in such cases it would have to be avoided by reforming the law from different perceptions and attempts at fatuh jurisprudence. Obviously, the reform of the law also requires a comprehensive study of the various issues of the issue and the study of each jurisprudential view.
The research is structured according to the research questions and observers in three sections. The first part of the study consists of three chapters. The first chapter is devoted to the explanation of some of the applied vocabulary of the research, and the second chapter, which is the most important chapter of this section, deals with the analysis and explanation of the uniqueness or multiplicity of the titles responsible for the payment of the Diyah, such as the state, Imam and Bethalmal. In the final chapter of this section, the history of the emergence of Beit Elmal, the sources of income, and the costs and expenses of it are discussed.
The second part of the study consists of two chapters. In the first chapter, along with four topics, four major reasons and an important document for the payment of Diyah from Beit Elmal were discussed and in the second chapter, the area of responsibility of Beit Elmal in six important and applicable areas such as the responsibility of the government toward: “Diyah Damage Less Than Self; Death Correction; Loss Damage to Death, Diyah Damage Affected by Non-Muslim Citizens” has been discussed.
The third and final part of this research also has two seasons. In the first chapter, the rules governing the payment of Diyah from Beit Elmal, such as the obligation and the obligation to pay Diyat from Beit Elmal, are the subject of the exceptional nature of the liability of the bite and the possibility of the government referring to the offense, and in the second chapter, the trial and fines of Diyat’s payment Beit Elmal explained.