الطبيعة القانونية والشرعية للدية ( دراسة مقارنة )

Abstract

Conclusion Blood money is Money Performed To The Victim Attic Or And Mechanism Because of Felony Murder Error , The Murder is punished with retribution and the corresponding Penalty with the asymmetry In positive law, And But since The Blood money is the penalty in Origin And pay To The victim Or His heirs do not pay To House of the State Treasury Money Raised a significant difference at the level of the scholars of the Law Islamic About nature and the law, you are compensated Or Penalty , The reason for the different scholars about the nature of the result of parental enjoyment of parental qualities and characteristics of both punishment and compensation wherein the properties of the sentence , In terms of It is estimated by the street, the rule does not depend on the request of the victim, and when waived Replaced by the death Taziria, And The meaning of the rebuke of the offender by depriving him of a portion of his property which is close to here with the difference of the fine as the fine shall revert to the state treasury. Have advantages as compensation for the money it pure to the victim or his heirs may be the victim or his heirs waive Atha , If we assume it is only the death of what is obligatory on the rational interpretation of the meaning ((no bearer of burdens shall bear another overalls)) . So let According to a friendly review of Arara scholars dual nature , It was death, and that in Origin But It Penalty Going on my N Punishment and compensation. As The Parental Are similar With certain terms Kalarc Money pain D Vua self-called friendly only, while the money paid for Injuries Ie without the self-called ARCHAMPS Can also be That So-called friendly . As well as fine as close to the parental The Both financial penalty but pay the fine To The state treasury and paid parental To The victim and his successors, And finally Are similar Blood money with the so-called government of Justice Or Government means the amount of money given for any injury Or Infection Did not specify the Prophet (peace be upon And machine Him) His Friendly Or ARCHAMPS And called the government of Justice Because Judge Judged by the At the discretion of People Experience , And amount of unrated Unlike fixed amount of blood money in Islam.