Juridical-Legal Study of Difference of Blood-Money and Its Rules

Sometimes for Qisas al-nafs (Qisas for life, execution) or less than it, some amount should be paid to the one who is to be retaliated. This amount is called difference of blood-money (diyah). There are certain rules for difference of blood money. Though there is no chapter called “Difference of Blood-Money” in the Qisas Book of Islamic Penal Code of 1392/2013, the legislator has dispersedly devoted some articles to it. Adopting a juridical-legal approach, the present article will study the rules of difference of blood-money and, while explicating foundations and documents of the articles of Islamic Penal Code which are relevant to this case; it will provide some critiques and comments. For example, who will pay difference of blood-money and when. Who owns difference of blood money? The one who is to be retaliated or the family? Is it an obligation only for one who demands Qisas? And, finally, how will difference of blood-money be calculated? These are various parts of the present article.