Islamic Penal Code of 1392 Approaches to Provisions Concerning Retaliation (" Qisas")

Provisions of Islamic Penal Code of 1392 on retaliation indicate the lawmaker’s new approaches. It seems that filling legal gaps of previous law is among the approaches. Thus, provisions of the Code on the issues such as minors’ next of kin’s powers, relevance of superior order to murder as well as criminal sanction for abortion in its maturity are less ambiguous. Safeguarding public order is another approach of the lawmaker which is indicated by the provisions regarding, inter alia, protection of all the victims of murder and granting power to next of kin for receiving blood money without consent of murderer. In addition to this, new view of lawmaker to self-defense and to defendant’s knowledge of fatal nature of his/her act show the assessed utilization of existence capacities of different approaches of Islamic Law (“figh”) in resolving legal and judicial problems.