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Asian Journal of Research in Social Sciences and Humanities
Year : 2014, Volume : 4, Issue : 7
First page : ( 400) Last page : ( 407)
Online ISSN : 2249-7315.

An investigation of gender factor in issuing dictums and penal sentences in the context of retribution and blood money from the perspective of Islamic law and jurisprudence

Kazemi Nahid, Fatahian Somaye

Master of Arts in Islamic Law and Jurisprudence

Online published on 5 July, 2014.

Abstract

The differences between man and woman in blood money, retribution, respect the equality of men and women and non-discrimination based on gender is of controversial issues of the present era. There are different dictums in domestic laws of the country toward women and men, especially Islamic law, which on the surface, seems that there are some discriminations. Most of the jurisprudents considered these differences authentic based on quoted massages of infallibles, and only Ayat Allah Saneie, who is of contemporary jurisprudents, considered the age of criminal responsibility in girls as 13 instead of 9, and also considered women the same as men in retribution and blood money. Proponents of this difference considered it fare because of reasons such as economic responsibility of man, the amount of money associated with female and male human value, benefiting of the victim's family from the blood money paid to him, etc.

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Keywords

Punishment, gender, retribution, blood money, jurisprudence and law.

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