Reinvestigation in reasons of prohibition of accidental homicide to inheritance

Abstract

Islamic jurisprudents both sunnis (the public) and shi’ites (the special) unanimously agree on prevention of murder) from inheritance but regarding to the prohibition of accidental homicide, there are different viewpoints among the jurists, that arise from contradiction of received traditions in this field. Thus some jurists deprive the accidental murderer absolutely from taking the inheritance even legator’s blood-money. On the contrary, some believe that accidental murderer inherits all legator’s inheritance and even his blood-money. Third viewpoint, considering the detailed theory, believes that accidental homicide prevents him only to inherit from blood-money that resulting from the murder, but murderer hasn’t been prevented from inheriting the other heritage. In this paper, three mentionned viewpoints and reasons regarding to them have been criticized and mean while refusing the first and second viewpoints, the detailed theory, that is compatible with the principles and rules governing the Islamic criminal law has been reinforced and accepted.

Keywords

• prohibition of inheritance
• accidental homicide
• inheritance
• legator
• murder