Document Type : Original Research Paper

Authors

• M.A. Bozorgmehr
• H. Saberi

Department of Jurisprudence and Fundamentals of Islamic Law, Shahid Motahari Faculty of Theology and Islamic Studies, Ferdowsi University, Mashhad, Iran

Abstract

Purpose: In the present study, the theory of allocating ransom to intentional murders is introduced as one of the new jurisprudential and legal perspectives on the issue of concentration of ransom in all types of murders, including those caused by traffic accidents, and its effect on the amount of legal obligations of companies active in the field of third-party insurance is investigated; with the aim of inspiring the legislative body to amend the relevant laws and regulations.
Methodology: Descriptive-analytical method and research and search in library sources including laws, jurisprudence and legal books, articles and other relevant databases have been used to examine the research topic.
Findings: The principle of concentration of murder payment in the forbidden months is agreed upon by Islamic jurists. However, there are differences of opinion regarding the scope of its inclusion in relation to all types of murder as well as non-homicide crimes. However, the innovative achievement of the present research shows that from the perspective of Imami jurisprudence and criminal law, there are several reasons and documents for assigning the sentence of concentration to intentional murders, which deserves the attention of the legislator, especially in the insurance industry.
Conclusion: Accepting the theory of allocating money to intentional murders, on the one hand, is more compatible with the current conditions and requirements of Iranian society. On the other hand, it will significantly reduce the legal obligations of third-party insurance companies, the amount of which is equivalent to the riyals of a Muslim man's dowry during the forbidden months; Because with regard to the above-mentioned theory in the relevant laws, the concentration of payment in quasi-intentional crimes caused by driving accidents is detrimental to the end of the issue and as a result, many problems related to the demand for payment in excess of the limit of the insurers' obligation will be solved.

Keywords

• Transcendental Criticism
• Exacerbated wergild
• Prohibited Month
• Quasi-Deliberate Crimes
• Third Party Insurance