The Holy Qur’an and Dhiman Āqilah (Responsibility of Paternal Relatives)

Author

Associate Professor at Farabi College of the University of Tehran (adehabadi@ut.ac.ir).

Abstract
According to the Islamic Jurisprudence, in mere error murder or injury or defect of limb, the paternal-maternal or parental relatives are responsible to pay Diya (blood-money). At the first sight, this seems to be against the principle of individual responsibility which has been emphasized in Quranic verses like: “No bearer shall bear another’s burden” and “Every soul is hostage to what it has earned”. On the other hand, though the prevalent opinion is that responsibility of paternal relatives is a declaratory law, some scholarsconsider it as an obligatory one, referring to the Holy Qur’an and some  hadiths. . Relying on the noble verses of the Holy Qur’an, the author of the present article studies the legitimacy or illegitimacy of the above law and discusses whether it is declaratory or obligatory.