Nature of Diya

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'''Nature of Diya''' (in Persian: [[:fa:ماهیت_دیه|ماهیت دیه]]) is subject of this article. Exploring the nature of [[diya]] is the issue required by [[common law]] and transformation of [[Jurists' Law]] to [[Statutory Law]] to clarify whether [[diya]] is based on [[damages]], [[punishment]] or something else. There are four theories in this regard: [[diya]] as a [[punishment]], as [[compensation for damages]], as [[compensation by mutual consent]], and the [[integrated view]] (as [[compensation for damages]] and [[punishment]]).

Jurisprudential arguments and conclusions are provided for each of the four theories of [[punishment]], [[compensation for damages]], [[compensation by mutual consent]] and the [[integrated view]]. It is commonly believed that [[diya]] is [[compensation for damages]], and [[~~Yusuf Sanaei~~]], [[Hussein Ali Montazeri]] and [[Abul Qasim Gurji]] are among the [[jurists]] who believe in this view. To prove this, it is argued that the application of [[qisas|retaliation]], even in cases of [[intentional homicide]], depends on the will of the [[avengers of blood]] because it is like the theft of human rights and is different from [[adultery]], which does not require anyone's claim; therefore, [[diya]] is [[compensation for damage]].

Jurisprudential arguments and conclusions are provided for each of the four theories of [[punishment]], [[compensation for damages]], [[compensation by mutual consent]] and the [[integrated view]]. It is commonly believed that [[diya]] is [[compensation for damages]], and [[Yousef Saanei]], [[Hussein Ali Montazeri]] and [[Abul Qasim Gurji]] are among the [[jurists]] who believe in this view. To prove this, it is argued that the application of [[qisas|retaliation]], even in cases of [[intentional homicide]], depends on the will of the [[avengers of blood]] because it is like the theft of human rights and is different from [[adultery]], which does not require anyone's claim; therefore, [[diya]] is [[compensation for damage]].

On the other hand, in order to prove that [[diya]] is a [[punishment]] as stipulated in the [[Islamic Penal Code of Iran]], the [[punitive function]] of [[diya]] as a main feature of [[punishment]], or the [[legalization]] of [[diya]] for committing a crime against the deceased, and the [[intensified diya in Haram]] (sacred) months are cited. Supporters of this view regard these cases consistent with the perception of [[diya]] as [[punishment]].

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 '''Nature of Diya''' (in Persian: [[:fa:ماهیت_دیه|ماهیت دیه]]) is subject of this article. Exploring the nature of [[diya]] is the issue required by [[common law]] and transformation of [[Jurists' Law]] to [[Statutory Law]] to clarify whether [[diya]] is based on [[damages]], [[punishment]] or something else. There are four theories in this regard: [[diya]] as a [[punishment]], as [[compensation for damages]], as [[compensation by mutual consent]], and the [[integrated view]] (as [[compensation for damages]] and [[punishment]]).
-Jurisprudential arguments and conclusions are provided for each of the four theories of [[punishment]], [[compensation for damages]], [[compensation by mutual consent]] and the [[integrated view]]. It is commonly believed that [[diya]] is [[compensation for damages]], and [[Yusuf Sanaei]], [[Hussein Ali Montazeri]] and [[Abul Qasim Gurji]] are among the [[jurists]] who believe in this view. To prove this, it is argued that the application of [[qisas|retaliation]], even in cases of [[intentional homicide]], depends on the will of the [[avengers of blood]] because it is like the theft of human rights and is different from [[adultery]], which does not require anyone's claim; therefore, [[diya]] is [[compensation for damage]].
+Jurisprudential arguments and conclusions are provided for each of the four theories of [[punishment]], [[compensation for damages]], [[compensation by mutual consent]] and the [[integrated view]]. It is commonly believed that [[diya]] is [[compensation for damages]], and [[Yousef Saanei]], [[Hussein Ali Montazeri]] and [[Abul Qasim Gurji]] are among the [[jurists]] who believe in this view. To prove this, it is argued that the application of [[qisas|retaliation]], even in cases of [[intentional homicide]], depends on the will of the [[avengers of blood]] because it is like the theft of human rights and is different from [[adultery]], which does not require anyone's claim; therefore, [[diya]] is [[compensation for damage]].
 On the other hand, in order to prove that [[diya]] is a [[punishment]] as stipulated in the [[Islamic Penal Code of Iran]], the [[punitive function]] of [[diya]] as a main feature of [[punishment]], or the [[legalization]] of [[diya]] for committing a crime against the deceased, and the [[intensified diya in Haram]] (sacred) months are cited. Supporters of this view regard these cases consistent with the perception of [[diya]] as [[punishment]].

Nature of Diya: Difference between revisions