A critical study on increasing blood money for murder commitment in religiously-prohibited months
Document Type : Research Paper
Author
استادیار مجتمع امورش عالی محلاتی.قم
Abstract
As is commonly believed by Imamiyeh jurisprudents, a murder commitment made in religiously- prohibited months would cause an increment in blood money to one third. The increment is called taghlize diyeh, increasing blood money. The increasing includes all three kinds of murder commitments, namely intentional, quasi-intentional and unintentional ones, the very meaning written down in Islamic punishment law.
It should be stated that though the four months have been Qoranically judged to be forbidden, the problem of taghliz is not Qoranic. In this paper, the traditions of taghliz have been deeply studied. In this way, it has been argued that there can not be found any clear designation for taghliz in unintentional murder. In addition, it is clear that unintentional murders do not break any prohibition. Therefore, the pen has concluded that taghliz is limited to intentional and quasi-intentional murders and does not include unintentional murder.
It should be stated that though the four months have been Qoranically judged to be forbidden, the problem of taghliz is not Qoranic. In this paper, the traditions of taghliz have been deeply studied. In this way, it has been argued that there can not be found any clear designation for taghliz in unintentional murder. In addition, it is clear that unintentional murders do not break any prohibition. Therefore, the pen has concluded that taghliz is limited to intentional and quasi-intentional murders and does not include unintentional murder.
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