A Feasibility Study of Recovering Damages Exceeding Dïyah Through Financial Tazïr of the Offender.

Dīyah (blood money) constitutes an established ruling in Islamic law, payable to victims or their heirs in cases of unintentional harm. Since its incorporation into Iran's post-revolution legal system, a key jurisprudential debate has concerned compensation for damages exceeding the fixed dīyah amount. This study examines the legitimacy of recovering such excess damages through financial ta'zīr (discretionary punishment) imposed on offenders. Through descriptive-analytical methodology, this research reveals significant weaknesses in both the evidentiary basis (sanadī) and interpretive validity of narrations used to justify financial ta'zīr in such cases. The principle of ala'zīr bimā yarāh al-ḥākim (discretionary punishment at the judge's discretion) proves thematically inapplicable to this context. Four substantive arguments support the impermissibility position: 1) The fixed, non-negotiable nature of dīyah under Islamic law 2) The prohibition against double punishment 3) The principle of non-authority ('adam al-wilāyah) over offenders 4) The principle of innocence (birā'ah) absent contradictory evidence Given the strength of these arguments, the study concludes that adjusting dīyah values to reflect real economic worth – supported by public or community institutions – represents the only shari'ah-compliant solution for adequate victim compensation, rather than imposing additional financial ta'zīr on offenders. [ABSTRACT FROM AUTHOR]

Copyright of Iranian Journal of Islamic Law, Jurisprudence & Methodology is the property of Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)