Relations, Guarantor and Unintentional Crimes’ Insurance as Resources of Compensation

Document Type : Research Article

Authors

1 Assistant Professor of Criminal Law and Criminology at Shahed University

2 Ph.D. Student of Criminal Law and Criminology at Judicial Sciences and Administrative Services University

Abstract

Unintentional offences are those offences that may be committed by any member of society. On this basis, from early times, whenever an unintentional crime was committed by a member of society, others tried to help him/her; among the methods of helping each other were Relations (Aqele) and Guarantor (Zamen-e- Jarireh) institutions that paid blood money instead of the wrongdoer. The above mentioned institutions, which are also accepted in Islamic Jurisprudence, have found their way into the 1370 Islamic penal code and the 1392 Islamic penal code and they are responsible for paying blood money in certain cases. However, they rarely pay the unintentional crime’s blood money; Relations express lack of financial ability and no Guarantee Contract is formed to compensate the damages. With regard to these cases, it seems that the above mentioned institutions lose their time’s efficiency and a new foundation called "Unintentional Crimes’ Insurance" can be used alongside.

Keywords

Main Subjects

The Journal of Islamic Law Research
Volume 16, Issue 1 - Serial Number 41
September 2015
Pages 51-78

Files

History

  • Receive Date: 12 January 2015
  • Revise Date: 15 March 2015
  • Accept Date: 17 May 2015

Share

How to cite

Statistics