Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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=== Equality of Qisas for Men and Women === | === Equality of Qisas for Men and Women === | ||
Among the important controversial issues is the [[Equality of Retribution for Men and Women|Equality of Qisas for Men and Women]]. Based on Shi'ite Fiqh it is necessary to pay the difference between blood money (Diyyah) for men and women to enforce Qisas; whereas the Sunnis are of opinion that Qisas is carried out without the need to pay the difference in Diyyah. Mohaghegh Damad believes that the principle of non-equality of Diyyah for men and women can be inferred from Quranic verses, but this interpretation does not conflict with the possibility of finding a way to equalize the Diyyah. Therefore, it cannot be concluded that a man | Among the important controversial issues is the [[Equality of Retribution for Men and Women|Equality of Qisas for Men and Women]]. Based on Shi'ite Fiqh it is necessary to pay the difference between blood money (Diyyah) for men and women to enforce Qisas; whereas the Sunnis are of opinion that Qisas is carried out without the need to pay the difference in Diyyah. Mohaghegh Damad believes that the principle of non-equality of Diyyah for men and women can be inferred from Quranic verses, but this interpretation does not conflict with the possibility of finding a way to equalize the Diyyah. Therefore, it cannot be concluded that a man will never be retaliated for a woman unless the difference in blood money is paid.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, p. 42; Mohaghegh Damad and Khosravi, "Gender Equality in Qisas; Condition of Establishment or Implementation," pp. 107–123.</ref> | ||
=== Qisas, a Limited Right, Not a Binding Obligation === | === Qisas, a Limited Right, Not a Binding Obligation === | ||