Forgiving Murderer by the Victim of Crime before His/Her Death;On the Basis of Legal and Figh Analysis

Abstract

Abstract In the case of forgiving the murdered by the victim of crime, the victim enjoys the right to forgive the murderer or ask for the retaliation, especially when s/he finds herself/himself on the verge of death. There is consensus among the Islamic jurists and lawyers on existence of such right for the victim. However, there are controversies and different approaches on the post-forgiveness consequences. Therefore, in this article, I focused on the initiative right of victim on the right of retaliation, and as a result his/her heirs, along with the analysis of Islamic jurists’ opinions and adopted approach by the Art.365 of Islamic Penal Code (2013) concerning the given issue.

Keywords

• keywords: forgiveness
• murdered
• victim
• avenger of blood
• compromise
• retaliation
• islamic penal code (2013)