A Deliberation on the Deprivation of Couples from Right to Qiṣāṣ

Document Type : Research Article

Authors

• ‘Alī Kishāvarz
• Ḥusayn Nāṣirī Muqaddam

10.22067/fiqh.v0i0.3160

Abstract

In the Islamic penal system, a right to retaliate called "right to qiṣāṣ" is established for the relatives of someone who has been murdered deliberately. However, the couples have been excluded from among the relatives of the murdered and such a right has not been recognized for them, although, upon the agreement of their next of kin, they can enjoy the blood money. Accordingly, article 261 of Iranian civil law ordains: "the next of kin (as blood-avengers), who have the option to retaliate or forgive, are the inheritors of the murdered, except for the wife or husband who has no option to retaliate, forgive, or execute [the retaliation]."
The most important reason for this ordinance is consensus (ijmā‘), but other reasons such as some traditions, lack of motive for appeasement in couples, cessation of matrimony by death, superiority of blood relation over relation by marriage, etc. have also been given, none of which are capable of proving such an ordinance which is in contrast to the generalities of the Qur'an
and traditions. On the other hand, besides the above-mentioned generalities, many assertions by the Qur'an and traditions on the special relation between couples testify to their equality with the blood relatives in vindication of their right to retaliate.
Keywords: murder, deliberate, qiṣāṣ, blood money, inheritance, couples, penalty, blood-avengers.

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