Graduate of the Higher Institute of Jurisprudence and Islamic Sciences/under the supervision of Ayatollah Khamenei
Abstract
The majority view, based on qiṣāṣ (retaliation) verses and traditions such as the ṣaḥīḥa of Ḥalabī regarding intentional homicide and the ṣaḥīḥa of Abī Baṣīr concerning intentional bodily injury, maintains that the right of qiṣāṣ is exclusive and that accepting diyya (blood money) requires the consent of the perpetrator. In contrast, jurists such as Ibn Junayd, ʿUmānī, ʿAlī b. Ibrāhīm, Kulaynī, Shaykh Ṣadūq, Abū Ṣalāḥ, Ibn Barrāj, and Muḥaqqiq Khwānsārī argue that in cases of intentional homicide, the Walī-e Dam (the Heir of the Victim) has the takhyīr (choice) between qiṣāṣ and accepting diyya—although the majority attribute this position only to the first two jurists. Furthermore, Abū Ṣalāḥ and Sallār have accepted the right of choice for Majnīon ʿAlayh (the Injured Party) in cases of intentional bodily injury. It is not implausible that those who affirm takhyīr in homicide also extend it to bodily injuries. The principal evidences supporting takhyīr are Qurʾān 2:178 and 5:45, together with interpretive traditions and numerous specific narrations indicating choice. This study, employing descriptive and analytical methods, examines the evidences of both positions, critiques the dominant view that considers qiṣāṣ the exclusive right of the Walī-e Dam and Majnīon ʿAlayh, and strengthens the argument for takhyīr by reference to the qiṣāṣ verses combined with interpretive and specific traditions. The novelty of this research lies in demonstrating takhyīr directly on the basis of the qiṣāṣ verses and several specific narrations that have not been adequately addressed in previous studies.
mirzaei kalan,R. (2024). A New Perspective on Qurʾānic and Narrative Evidences Concerning the Rights of the Walī-e Dam and Majnīon ʿAlayh in Cases of Intentional Crime. Quran, Islamic Jurisprudence and Law, 21(21), 97-124.
MLA
mirzaei kalan,R. . "A New Perspective on Qurʾānic and Narrative Evidences Concerning the Rights of the Walī-e Dam and Majnīon ʿAlayh in Cases of Intentional Crime", Quran, Islamic Jurisprudence and Law, 21, 21, 2024, 97-124.
HARVARD
mirzaei kalan R. (2024). 'A New Perspective on Qurʾānic and Narrative Evidences Concerning the Rights of the Walī-e Dam and Majnīon ʿAlayh in Cases of Intentional Crime', Quran, Islamic Jurisprudence and Law, 21(21), pp. 97-124.
CHICAGO
R. mirzaei kalan, "A New Perspective on Qurʾānic and Narrative Evidences Concerning the Rights of the Walī-e Dam and Majnīon ʿAlayh in Cases of Intentional Crime," Quran, Islamic Jurisprudence and Law, 21 21 (2024): 97-124,
VANCOUVER
mirzaei kalan R. A New Perspective on Qurʾānic and Narrative Evidences Concerning the Rights of the Walī-e Dam and Majnīon ʿAlayh in Cases of Intentional Crime. Quran, Islamic Jurisprudence and Law, 2024; 21(21): 97-124.
