Responsibility of the State or the Government? Explaining Its Foundations in Light of Islamic Jurisprudence (Fiqh) and Iranian Penal Code

The criminal responsibility resulting from other’s behavior has been recently constituted in Iranian criminal system which has been ratified in the Article 142 of the Islamic Penal Code on April 21, 2013. Thereby, such a responsibility has been based on the letter of law. In Iranian criminal system, paying the blood money (diya) is one of the penalties. Therefore, it can be said that rational responsibility, crime responsibility guarantee for the other party, responsibility of the State and responsibility of the government in paying the blood money and compensating damages out of the treasury to the victim are the types of responsibilities resulting from other’s behavior regardless of the fact that such responsibilities are seemingly of civil nature. What is being discussed in the article is whether, regarding the Islamic nature of the ruling system in Iran and the matter of facts and the history of government in Islam and the spirit of the principles of the Constitution and the teachings of public law, and indeed in these cases, is the responsibility with the State or the government?