Assessing the possibility of receiving Damages Exceeding Diyah Through the Financial Ta'zir of the Perpetrator

Articles in Press

Document Type : Research (Fast Track Review)

Authors

1 Master of Arts in Jurisprudence and Criminal Law, Shahed University, Tehran, Iran- PhD student in Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch

2 Assistant Professor of the Department of Fiqh and of Islamic Law, Shahid University ,Tehran, Iran

10.22034/jrj.2025.71225.2952

Abstract

"Diyah" is one of the endorsed decrees in Islam, which is paid to the victim or their family in return for unintentional crimes. After the concept of "Diyah" was reflected in the laws following the victory of the Islamic Revolution, the issue of how to pay damages exceeding the "Diyah" has consistently been a significant topic in scholarly circles. One approach to compensate for such damages is to obligate the perpetrator based on financial "Ta'zir" (discretionary punishment). Therefore, the central question of the present study is to examine the legitimacy of receiving these damages based on the "Ta'zir" of the perpetrator. The outcome of this descriptive-analytical research is that, considering the documentary or indicative flaws in the narrations cited to prove the permissibility of financial "Ta'zir" for the perpetrator, as well as the exclusion of the principle of "Ta'zir as the ruler sees fit" to substantiate this view, the arguments for the view of non-permissibility, namely, the fixed amount of "Diyah," the prohibition of double punishment, the principle of non-guardianship, and the principle of innocence, will be without opposition. Therefore, considering the soundness of the arguments for the view of non-permissibility, the only way to compensate for damages exceeding the "Diyah" is to actualize the rate of "Diyah" in accordance with the "Diyah" stipulated in Islamic law and to secure it through public institutions.

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Journal of Islamic Law and Jurisprudence

Articles in Press, Accepted Manuscript
Available Online from 30 April 2025

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