چکیده:
Based on statistics from the Organization of Prisons and Security and Educational Measures, a large number of those sentenced to Qisas are spending time in prisons across the country waiting for retaliation. Some of these prisoners have been waiting for more than ten years for the time of execution to arrive, even though they are sentenced to Qisas and not sentenced to imprisonment. Issues such as the failure to identify the heirs (olya-ye dam), the inability of the perpetrator to pay blood money (diya), the failure of the heirs to visit, the minority of all heirs, and the inability of the heirs to reject the excess of blood money, cause delays in the fulfillment of Qisas and lead to the imprisonment of the perpetrator. The lack of an explicit legal text has caused the number of such prisoners to increase every day, whereas, given the destructive effects of prison, efforts should be made to reduce the number of prisoners as much as possible. This article, emphasizing that human personality, dignity, and freedom are seriously addressed by Islam and that no human's freedom can be deprived without a Sharia and legal reason, attempts to provide jurisprudential solutions to solve this problem.
خلاصه ماشینی:
The narration is as follows: «قلت لابی جعفر علیهالسلام عشرة قتلوا رجلاً؟ قال: ان شاء اولیاؤه قتلوهم جمیعا و غرموا تسع دیات، و ان شاؤوا تخیروا رجلاً فقتلوه و ادی التسعة الباقون الی اهل المقتول الاخیر عشر الدیة کل رجل منهم قال: ثم الوالی بعد یلی ادبهم و حبسهم» (1) Among the Sunni jurists, Malik considers Ta'zir obligatory in the event of a pardon by the heir of the victim or a settlement on Diyah, but Abu Hanifa, Shafi'i, and Ahmad ibn Hanbal consider discretionary (Ta'zir) imprisonment permissible if public interests necessitate it.
It is worth mentioning that the late Shahid, for the purpose of preserving the site of Qisas, has considered the imprisonment of the criminal permissible in the event of the absence of the victim or their heir, although he has not mentioned the duration of the absence, in addition to ______________________________ 1 ـ Jawahir al-Kalam, Vol. 42, pp.
It is worth mentioning that jurists such as the author of Jawahir al-Kalam and the Imam, who do not believe in the initial freedom of choice for the next of kin but instead consider his right to be conditional Qisas and deem the receipt of Diyah possible only in the case of a settlement (musalaha), have also not spoken of imprisoning the perpetrator in the event of his refusal to pay the excess Diyah or his inability to do so.
(
, 
, 
)
