Resumen de Mahdur-al-dam (a person whose blood is void) in Iran's criminal law with emphasis on the issued verdicts by judiciary courts
Mahboub Jabbari Aranchi, Latif Ebadpour
The subject of this article is Mahdur-al-Dam (a person whose blood is void) in Iran's criminal law with emphasis on the verdicts issued by the judiciary courts. Killing individuals who are Mahdur-al-Dam (a person whose blood is void) or the murderer kills his/her ..... believing he/she is Mahdur-al-Dam (a person whose blood is void). Despite the disgust and ugliness of killing according to Islam and Islamic Penal Law, however, some conditions are necessary for retaliating the killer one of which is the conditions of not being Madhur-al-Dam (a person whose blood is void) and not deserving to be killed of the killed person. The individual's blood is wasted because of her/his infallibility's deterioration. Infallibility's deterioration is either because of deterioration of cause or because of committing certain crimes. Infallibility's deterioration and shuffling of human blood may also be as absolute or relative. The detection reference of being blood wasted is principally the judicial reference and proving that the mad person's blood deserves to be wasted is on the criminal. If the criminal proves that the killed person deserves to be killed, he/she will not have to be retaliated or pay blood money. But if she he cannot prove the killed person, but proves that he/she had believed in the killed person’s bloodto be wasted he he/she would survive the retaliation sentence and must pay the blood money of the killed person. Perpetrators of some crimes by law and by religion (shariah) deserve to be killed and their blood is void. The apostates, enemies of a person who insults the prophet , adulterers, acts of buggery, etc. are among these individuals. Committing murder by trusting in the person whose blood deserves to be wasted causes the murderer to be known as wrong provided that the killer proves his/her belief. Prescribing the killing of the persons who deserve to be killed has bias and effects. From the legal viewpoint, based on the law of Islamic penal codes 302 and 303, it is in contradiction with the principles 22 and 61 of the constitution of responsibility and duties of the judiciary force and the principle of innocence and taking legal action for proving his/her blood deserving to be wasted is not legally acceptable. In social terms, also such verdicts lead to chaos in the society and from international viewpoint, considering the numerous cases of the Universal Declaration of Human Rights, regarding such murders as legal will cause to present an unfavorable image of the country’s judicial system and as a consequence the deterioration of the regime in the global community.
