نوع مقاله : مقاله پژوهشی
دانشجوی دکتری فقه و حقوق جزا دانشگاه خوارزمی تهران و پژوهشگر مرکز مطالعات فقهی پزشکی قانونی
عنوان مقاله [English]
The amount of blood money for willful homicide, somewhat willful homicide and manslaughter is equal in any case, and for each, one of the six classes of things determined by Faqihs is paid. In spite of the fact, in the case that the culprit chooses camels as a way of payment, different age of camels in each case has to be regarded. Foqaha do not agree on ages and titles of camels in the case of somewhat willful homicide. In this regard, five different views may be construed from their remarks. The origin of all these disagreements may be found in various traditions which refer to the arrangement and age of camels differently. The author in this paper has used the library method with a descriptive-analytical approach to analyze Imam Khomeini’s view in this regard and to find a common ground between his and other foqaha`s ideas. Imam’s idea may be deemed as the sixth theory in determining the blood money for somewhat willful homicide. Rejecting any preference in the traditions and having proposed a possibility for giving option to criminal with reliance to the traditions, Imam Khomeini has viewed lack of preference in the traditions and ruled the criminal on the basis of caution to pay more valuable camels. Finally, he has ruled criminal and murdered family`s compromise as the best and most reasonable way that would prevent any injustice to the latter, on one hand and would satisfy the former on the other hand.