نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The issue of inheritance of blood money (diyah) is a fundamental yet challenging topic in Islamic jurisprudence, with significant practical implications for the legal system of Iran and other Islamic countries. Diyah, regarding its entitlement to the heirs of the deceased and the manner of its distribution among them, has always been a subject of debate and differing opinions. The most important question in this area concerns determining the scope of those entitled to diyah and the method of its distribution among the heirs-specifically, whether diyah, like other assets of the deceased, is inherited by all classes of heirs or if some heirs, especially those related through the mother (maternal siblings), are excluded from this right.
In this article, with an analytical and comparative approach, various perspectives of Shi'a (Imamiyyah) and Sunni jurisprudence on the inheritance of diyah are examined. The research findings indicate that the majority of Shi'a jurists, based on certain narrations, exclude maternal siblings from inheriting diyah. In Sunni jurisprudence, however, the prevailing view among most scholars is that diyah is inherited by all heirs without exception. In Iranian law, despite the silence of the Civil Code, Note to Article 452 of the Islamic Penal Code excludes maternal relatives from inheriting diyah, leading to differing interpretations regarding the extent of this exclusion. This article, by analyzing legal and jurisprudential sources and critiquing various viewpoints, concludes that only maternal siblings are excluded from inheriting diyah, and extending this ruling to other maternal relatives lacks valid justification. The present study aims to clarify the theoretical and practical foundations and resolve existing ambiguities in this area.
کلیدواژهها English