مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 602

Compensation

2806. If a person. who is adult and sane. kills a Muslim intentionally and unjustly, and the person killed is a man or a boy, his guardian may forgive the murderer or kill him. However, if the person killed is an infidel and his murderer is a Muslim, the murderer cannot be killed. And if the person killed is a Muslim woman or girl and though her Muslim murderer can be killed. yet if he is a man, half of the diyah should be given to her guardian and if he is an insane person or a minor. only diyah should be given, and her diyah is obligatory on Aqilah. The meaning of Aqilah will be explained later. Moreover, the guardian is permitted to take as diyah from the murderer the quantity upon which the two parties agree and this should be based on the diyah which has been fixed in law. As the quantities fixed by law for diyah are different the option to ix the same lies with the murderer and he can adopt that which is easier for him. Hence he can give the price of silver which is less than other kinds of diyah and calculated in terms of the old Iranian coin Qiran which used to be of one mithqal its price comes to 525 tumans. This diyah is authentic in terms of the old coin Qiran and not in terms of Rial which is current nowadays. And if a person kills another person by sheer mistake e.g. if he shoots an animal and kills some one by mistake, the guardian of the person so Killed is not entitled to kill that person. He can. however take diyah from the Aqilah (i.e. the relatives of the killer from fathers side) and in the event of their not giving

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 602

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