خلاصة:
Subsidiary punishment, based on the principle of the legality of punishments, is imposed on the perpetrator in addition to the main punishment, depending on the commission of the crime. Subsidiary (Consequential) punishment requires a provision in the law. In intentional murder, the perpetrator is deprived of inheriting property and Diye (blood money) and in quasi-intentional murders and sheer mistake, he is deprived of inheriting Diye. If there are justified reasons for the crime, such as legitimate defense and the law, this punishment will not be applied to the perpetrator. However, in the cases of factors that eliminate criminal liability, such as murder by a minor and an insanity, forced, murder in sleep, unconsciousness, and murder by mistake, the perpetrator is deprived of inheritance. The application of exclusion in inheritance is not limited to the heir, and the possibility of applying it to the testator, the heir, and the deputy in the case of murder needs to be investigated. Deprivation of inheritance in case of murder is a preventive measure against the occurrence of murder, so that people who commit murder with greed to reach the deceased’s estate, refrain from committing it.
ملخص الجهاز:
In the event that the individual has already died and the heir, assuming they are alive, shoots a bullet into their heart with the intent to kill (an impossible crime), the person is not considered a killer and consequently is not deprived of inheritance; because Article 880 of the Civil Code and Article 451 of the Islamic Penal Code (2013) refer to the actual occurrence of homicide.
" In Opinion No. 7/95/1685 dated 2016/09/08 of the aforementioned Legal Department, it is also stated: "In the event that the perpetrator of quasi-intentional homicide is the mother of the deceased, and the mother and father are the only heirs of the deceased, considering that based on Article 451 of the Islamic Penal Code enacted in 2013, the killer (mother) in any case does not inherit the blood money of their own victim, according to Article 906 of the Civil Code, all the blood money goes to the father.
" However, if the officer does not act according to the regulations and exceeds the legal limits and kills his ancestor intentionally or unintentionally, he will be considered an intentional or quasi-intentional killer, respectively, and will be deprived of inheritance; for example, in Article 485 of the Islamic Penal Code (2013), it is stated: "Whenever a person sentenced to retribution for a limb, ta'zir, or a hadd that does not necessitate deprivation of life is killed as a result of the execution of the punishment, or suffers an injury exceeding the punishment decreed, if the killing or injury is intentional or based on negligence, the executor of the sentence, as the case may be, shall be...
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