Jurisprudential Principles - Legal Diyat of the Day; Subject of Article 490 of the Islamic Penal Code

Diyat is one of the punishments for crimes against human physical integrity. Diyat is the main punishment for quasi-intentional crimes and pure error. In the case of intentional crimes, diyat is imposed if either retaliation is not possible or the victim agrees to determine diyat. Common sense dictates that if someone's right is violated or if someone is beaten or harmed, the damage must be compensated well, and this must be done not only in the stage of proving the damage, but also in the stage of payment. Special circumstances apply.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Depending on the type of crime, the person responsible and the deadline for payment of diyat are different, but what is clear is that the payment of diyat must be done within its legal deadline; Different opinions have been expressed about the rules according to which the diyat rate should be paid.

Some believe that the ransom should be paid at the rate of the day the crime was committed. The reason for this group of people is that on the day the crime was committed, in fact, the compensation for the injuries on the same day has been proven. Another opinion that is presented to the convict regarding the payment of diyat is the day of issuance of the sentence. Legally, a person is considered guilty when a sentence has been issued by a competent court, in other words, a final sentence. According to the third view, the ransom must be paid at the rate of the day it is paid. The protection of victims' rights and preventive criminal policy, as well as various jurisprudential rules, including the rules of "harmlessness" and "respect for the property and life of Muslims," ​​require that the ransom rate be paid at the price of the day to compensate for the devaluation. The new Penal Code provides the same view in the form of Article 490.