The Evaluation of Jurisprudential Basics of Dīya (blood money or ransom) of Illegitimate Child With a view to Article 552 of Islamic Penal Code

One of the topics on dīya is the provision of dīya for anllegitimate child. The question that arises at this point is that if a person intentionally or unintentionally kills an illegitimate child, how much money must be paid to the victim as dīya? Shi’ite jurisprudents have expressed different views regarding this question. One point of view considers the illegitimate born child as absolutely non-Muslim, thus denies him the right to dīya or considers dhimmī dīya or him/her. In contrast, another view considers him as a Muslim; as a result, deserving complete dīya.In this context, there is a point of view that believes that the problem should be discussed in details. Article 552 of Islamic Penal Code, adapted in 2013, in compliance with the second view, considers the dīya of illegitimate child like that of a Muslim. The present study adduces to Qur’anic and narrative principles and confirms the viewpoint that considers the illegitimate child on the basis that his/her parents are Muslim and considers him/her as a legitimate child; consequently, it considers the dīya of an illegitimate child as equal to that of a Muslim person.