Investigating the Punishment of Transferring Corona to Others in the Light of Fiqh and Law

The current study presents the latest legal and fiqhi findings on the punishment of Corona transmission from the perspective of criminal jurisprudence and criminal law. Corona transfer is a crime according to fiqh and the Islamic Penal Code. In case of death or injury of the recipient, retaliation of the corona carrier is canceled and diya must be paid instead; since retaliation in a deliberate crime is conditional on perpetration in the eyes of some jurists, the predominance of the act in the crime and the attribution of the crime to a criminal in the eyes of all jurists, while the fulfillment of these conditions is questionable here, so according to the rule of caution in blood [revenge], the rule of dar’[1], the principle of ‘ehtiyat[2], etc. retaliation is not applied. In the case of quasi-intentional crime and the crime of sheer error, retribution is not applied by all jurists everywhere, including here. The transfer of corona with intent, knowledge and intent to waste or harm members of society, is one of the instances of Ifsad-e fel-Arz[3] and thus punishment is imposed on the perpetrator.