Legal and Jurisprudential Feasibility of Transferring the Right of Retribution (Qiṣāṣ)

Since retribution is a non-financial right, and each right has different effects such as resignation, abrogation, transfer, etc., talking about the possibility of realization or non-realization of transferring the right of retribution is the main question of this article. That the claimants of the right of retribution have the opportunity to manifest all the effects of the right or they can only seek retribution is something that needs research. Many jurisprudential and legal sources regarding the development of the authority in the form of transferring of the right of retribution have not considered it as among their authority, whereas some of these sources have implicitly considered its possibility. By researching and examining the transferability, it can be realized that since it causes the right of retribution in a contingent manner and its consistency is not dependent upon the claimant of blood, some effects of the right, such as transferability, are entailed thereby.