Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (May 2018)

The relationship between rights of Holders of the right to qisas with creditors of murdered

  • عباس میرشکاری

DOI
https://doi.org/10.22054/jclr.2018.14877.1269
Journal volume & issue
Vol. 6, no. 22
pp. 233 – 259

Abstract

Read online

At Murder, Holders of the right to qisas, Can request that a murderer be executed or By agreement with the killer, Qisas will convert to blood money. also, they Can pardon the murderer And forgive murdeder. In addition, In manslaughter,There is also the right to demand blood money And the right of forgive. Now the question is that If murdered is debt, Are these rights will be continued? In response to the question, Regarding the relationship between Qisas with public order And the supremacy of public interest over private interests, Right to qiṣāṣ is preferable. However, Blood money is in front of murdered's right to life, For this, is Placed in murdered asset. As a result, Blood money should be used to pay debt of murdered. Forgiveness of murderer without compensation, is Unlike normal behavior. For this,The fault is considered. As a result,They have no right of Forgiveness of the murderer Unless they obtain the consent of creditors

Keywords