حقوق ولي مقتول در قتل عمدي در نظام حقوق اسلامي

Heirʹs Right in the Murder from the Islamic Law Viewpoints (Concepts Analysis Part)

God in the Holly Quran has called murder as an atrocity on human life (Maede 5:32) and there is an authority for the Heir (Asra 17:33). This study entitles" Heirʹs right in the Murder". In order to have a clear idea related to this issue the writer has done a research in the Islamic rights sources. Although the topic of this research is general, but the study is limited to retaliation and blood-money. Due to this fact that the retaliation is undeniable in Islam, all the considerations of this research are centered to find an answer for one main question: how is retaliation substituted by blood - money? There are some theories to answer this question as follows: 1 -There is no other right for the heir except of retaliation. 2- Retaliation and blood-money are optional. The researcher believes that justification of these two theories are not convincing, Due to the shortcomings of the two theories mentioned above, the researcher has designed a new theory called The theory of replacement of retaliation by blood-money when retaliation is impossible. This part of the research involves the general aspects, analysis and the definitions of the key concepts.