Mütefekkir (Dec 2014)
Is "Diyah" a Punishment?
Abstract
The provisions included into law, in order to force the implemantation of and the obedience to the rules and regulations are called sanctions. These sanctions are named as penal or civil sanctions in terms of their compositions. Examined in the criminal law chapters of fiqh, Diyah (blood Money) is a civil sanction that aims to compensate the loss of the victim or his/her relatives to an extent. Diyah can be levied either alone or together with a penal sanction depending on the severity of action. Although there are differences, diyah is similar to the material and moral indemnities determined by the court in case of homicide and physical violence in today's law system. As, the determination of the quantitiy of diyah is a decisional one, it would be convenient to ascertain a value by considering local customs and the country's circumstances, protecting the rights of both parties.
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