Mandatory or Optional Punishment for Murder; with an Emphasis on the Views of Ayatollah Khoei and Imam Khomeini

Jurists of the Imami school disagree on whether the murderer's retribution is determined or optional. Some believe that the primary punishment for murder is specifically Qesas and receiving blood money is conditional on the agreement of Vali Dam with the murderer. Most Shiite jurists seem to have shown willingness to first one. However, some, such as Ibn Junaid, have chosen the second promise. Ayatollah Khoei and Imam Khomeini have also given Fatwas in accordance with the well-known opinions of jurists. The Islamic Penal Code of 2013, in Articles 359, 362 and 381, refers to both in this respect.