چکیده:
Jurists, in expressing the rule of Arsh with the phrase 'Kullu ma la taqdir lahu fafihi al-arsh', have apparently assumed that the blood money (diya) for certain crimes has not been determined in Sharia. While on one hand, an examination of the documents of the Arsh rule indicates that the blood money for all crimes has been determined in Sharia, on the other hand, the reality is that the blood money for some crimes has not reached us; however, it is clear that there is a difference between 'not being determined in Sharia' and 'not reaching us'. This perspective causes the nature of the Arsh rule to be an apparent ruling (hukm zahiri) similar to jurisprudential evidences such as the principle of Istishab, and that it has been established in the context of doubt. The result of this approach, along with the point that determining Arsh is not a matter of subject (amr mawdu'i) but rather a ruling or quasi-ruling (amr hukmi), is that the position of the person calculating the Arsh, and especially the method of its calculation—which is actually one of the most difficult topics of this rule in thought and one of the most essential topics in practice—should be revised, and some of the existing problems in this field should be resolved.
خلاصه ماشینی:
Shiraz University Journal of Legal Studies Second Period, First Issue, Spring and Summer 2010 Arsh; its Nature, Method of Calculation, and the Responsible Party Dr. Ahmad Hajidehabadi* University of Tehran Abstract {IBJurists, in expressing the rule of Arsh with the phrase "کل ما لا تقدیر له ففیه الارش", seemingly consider it a settled matter that the blood money (Diyah) for certain crimes has not been determined in Sharia.
It is worth noting that Article 451 of the Islamic Penal Code Bill, emphasizing the common perception of Arsh, states: Arsh is the blood money for an unprescribed amount whose measure has not been determined in Sharia, and the court, by considering the type and quality of the crime, its impact on the victim's health, and the amount of damage caused, while taking into account the prescribed blood money and seeking expert opinion, determines its amount....
What is inferred from this narration—which is considered the most important evidence for the rule of Arsh—regarding What is inferred from this regarding the nature of the rule of Arsh is that the blood money for all crimes has been determined in Sharia, and it is for this reason that the author of Jawahir, after mentioning this hadith, includes a sentence that the late Ayatollah Khansari has accepted.
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