Multiple Blood-wits and Fulfillment of Blood Vengeance

Document Type : Research Article

Author

tehran

Abstract

When there are several blood-wits and all unanimously agree on blood vengeance, blood money or forgiveness of the killer, judgment will be passed according to the agreement. However, what action should be taken when the blood-wits disagree and some seek vengeance whereas some others ask for blood money or forgiveness? Moreover, when some of the blood-wits are under puberty, insane, absent or silent, can other blood-wits decide on blood vengeance, blood money or forgiveness?
Jurists have different opinions in this regard. According to the Islamic Retribution Law of Iran, retaliation can be carried out only when there is a unanimous agreement among blood-wits. But when there is a disagreement among them, those who want to seek vengeance should give the other blood-wits their share of blood money and then retaliate by killing the killer. The Retribution Law is silent regarding what should be done when some of the blood-wits are under puberty, insane, absent or silent. In this regard, the Supreme Court has decided that the share of the blood money belonging to the blood-wits under puberty, the insane, the absent or the silent must be supplied by the blood-wits who want the killer to be executed. If the available blood-wits ask for blood money, there seems to be no need to imprison the killer till the blood-wits who are under puberty reach puberty or the insane recover or the silent give their views or the absent become available. Of course, the legatee, the custodian or the government may ask for blood money on behalf of the blood-wits who are under puberty, insane or silent. However, it is not to their interest that the blood-wits who ask for money or forgive the killer be given their blood money from the personal belongings of the insane, the absent and those under puberty.

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