چکیده:
One of the entities responsible for paying blood money (diya) is the Bait al-Mal. Narrations regarding the meaning of Bait al-Mal vary, but the intended meaning of Bait al-Mal here is the Bait al-Mal of Muslims. Some cases of blood money payment by the Bait al-Mal are included in the Islamic Penal Code, including the unidentified killer in non-qasama cases, cases of qasama if the defendant's innocence is proven, the absence or inability of the 'Aqila (kinship group), the flight of the perpetrator and lack of close relatives, the error of a legal official or judge, two different confessions, and the initial referral. In this research, the legal and jurisprudential basis, the method of aligning legal articles with Sharia evidence, and the opinions of jurists in each of the above cases are examined, and in some cases, suggestions for correcting or completing the law are presented. There are also cases where, in jurisprudence, the Bait al-Mal is recognized as the party responsible for paying blood money, but it is not mentioned in the law; these include the execution of a Hudud or Ta'zir punishment resulting in death, crimes committed by Dhimmis, the killing of an aggressor by a defender, and the blood money exceeding the number of the 'Aqila, for which the opinions of jurists and the evidence for these cases are reviewed. Some of these cases have disagreement among jurists and weak documentation (execution of Hudud or Ta'zir resulting in death), some are only provable according to a specific basis (the blood money being more than the 'Aqila, which according to Sheikh's basis is correct in the quality of collecting blood money by the 'Aqila), and some contradict the opinion of most jurists (the killing of an insane aggressor by a defender). It is clear that the omission of these cases from the law is correct. The only case that has strong documentation and conforms to the famous opinion of jurists is the crime of Dhimmis, which the author of Jawahir has refuted; therefore, it is suggested that this case also be included in the law.
خلاصه ماشینی:
There are also cases where, in jurisprudence, the Bait al-Mal is recognized as the party responsible for paying blood money, but they have not been included in the law, such as: the execution of a Hudud or Ta'zir punishment resulting in death, crimes committed by Dhimmis, killing an attacker by a defender, and the blood money exceeding the number of Aqila members; the opinions of jurists and the evidence for these cases are reviewed.
Branch 134 of the Tehran Criminal Court One, in a ruling regarding death by accident, has ruled as follows: "Since the occurrence of the killing is certain and according to expert opinion, the evidence points to the negligence and fault of the driver of the vehicle who is a fugitive, and on the other hand, the corpse was found in a public street and there are no presumptive clues attributing the killing of the deceased to a specific person or group, based on Article 255 of the Islamic Penal Code, it is decreed that the Diyah of the deceased shall be paid from the Bait al-Mal" (Zeraat, 1380, p.
If he has no property, his Aqila is the Imam, and the Diyah must be paid from the Bait al-Mal. The late author of Jawahir has also refuted the contrary view and even states that the apparent words of some companions claim consensus on this matter (Najafi, Vol. 3, p.
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