Impossibility of the Execution of Retaliation Due to the Death or Escape of the Criminal: Legal-fiqhi Review of the Article 435 of the Islamic Penal Code (IPC)

Death and escape of the person who has committed intentional crime are among the factors that make the right to qisas[1] impossible. In various cases of the impossibility of qisas, based on specific narratives or the rules and principles governing this issue, foqaha have given different fatwas regarding the indemnification for diya[2] by the perpetrator, al-’aqrab -fel-’aqrab[3] of the heirs, aqeleh[4] or bayt al-mal[5]. Likewise, the IPC in Article 435 has referred to the provisions of the issue, i.e., the impossibility of the execution of retaliation, according to the opinions of some foqaha. In this paper, after reviewing the provisions of this article, the fatwas of foqaha and their arguments, in some cases one of the arguments (reasoning-based ideas) has been given priority and in some other matters a new argument has been established. Finally, some suggestions for amending the law are presented.