Review of jurisprudental documents of reluctance on murder

According to popular juris prudental theory, reluctance to murder, murder is not licensed, but the steward reluctantly sentenced to death and impeller is sentenced to life imprisonment. This theory is based of the legislator in placing regulations about reluctance in murder in islamic crimial law approved in 1370 and 1392 and is based on some of reasons such as tradition about impermissibility of resevation in bloods , tradition about ordering to kill another . the reason of prohibiting of losses from himself harm to another, denote the tradition of "rafe" and consensus of jurists.
against the famous view there are unpopular views that havent unity in basics in this artcle the writer with review on the popular juris prudental theory and unpopular theories review relevant documentation to be discussed , and finally while entering the objection to popular vote and with emphasis on customary arbitration , the view of stronger cause to steward , and in consequence the necessity of quesas of cause and removing responsibility from stward is accepted