Jurisprudential and Legal Analysis of Retribution from the Perspective of the Condition of Equality in Religion

In the Islamic legal system, "qisas" is the initial ruling for intentional crimes against individuals, and if there are special conditions, qisas against a person is proven. One of the conditions for proving the sentence of retribution is the "equality" between the victim and the victim in a series of aspects, the most important of which is "equality in religion". If the religion of the murderer is higher than the religion of the victim, retaliation against the murderer will not be proven and the sentence will be paid. This sentence has sub-clauses that are examined in this article. The history of this issue in the Iranian legal system dates back to after the revolution. In criminal law, this issue was mentioned only in a limited way, but the provisions of some cases and issues were not stated. In the Islamic Penal Code of 1392, provisions were issued in Articles (301) and (310) and some problems were partially resolved, but there is still a brief in some issues that can be filled by using the opinions of jurists, legal gaps.