نویسندگان
چکیده
کلیدواژهها
عنوان مقاله [English]
According to articles 555 and 385 of the Islamic penal Code 92, if both perpetrators behavior and victim's death occur in the sacred months or in the holy shrine of Mecca, one third of the blood money, in addition to blood money, should be paid to the family of the victim. These legislations, that are known as the issue of "blood money aggravation", retrieved from the various narratives about the sacred months ,that despite the documentary weakness of some of them, their weakness are compensated by the companions action so leaves no doubt about its validity. But the researches show that there is no explicit text about the shrine of Mecca and narratives narrated by Aban, either some of their narrators are deleted and therefore they canât be trusted or their texts are more relevant to the sacred months than the shrine of Mecca. So, they may not be a basis to adjudicate. There is no trustworthy fame in this case that we can justify, relying on it, the concept of mentioned articles. So it should be insisted that legislator delete the issue of blood money aggravation in the shrine of Mecca from the above articles. Another point is that mentioned aggravation is only in felony on life and there is no difference among intentional, quasi - intentional and manslaughter in this case. It should be considered that there isnât consensus on mentioned generality but it is based on trustworthy fame among slamic jurists and therefore the legislator has insisted on it in article 555.
کلیدواژهها [English]
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