Jurisprudential and Legal Study of the Difference Between the Diyat of Man and Woman from the Perspective of Discrimination Against Woman

Nowadays, the difference between man and woman's blood money is one of the most important issues that is controversial in Iranian legal and criminal law and has created many doubts in the minds. Despite the Islamic religion's emphasis on equal rights for individuals, the Islamic Penal Code contains different provisions for men and women, some of which are protective of women and others, such as the age, criminal responsibility, testimony, blood money, and retribution, are seemingly discriminatory. According to Article 550 of this law, a woman's diyat is half of a man's diyat, and the reason for this, in addition to some jurisprudential reasons, is the difference between the social and economic status of women compared to men. The issue is the difference between blood money and retribution between men and women. According to the famous fatwa of the jurists, a woman's diyat is half of a man's diyat, and in injuries it is believed that a man and a woman are equal to one third of the diyat, and more than that, a woman's diyat becomes half a man's diyat. Therefore, there is a difference between men and women in the matter of blood money, but not because the price of a man is higher than a woman, no, there is retaliation for both, soul for soul, but some jurists argue that because in the field of economic issues, a man is mainly active and the source of wealth and the production of wealth, they consider the inequality of blood money as a rational thing, and thus incite discrimination against women and consider it a trivial thing. The difference between the diyat of a man and a woman is related to the conditions and requirements of the time of the beginning of Islam; considering the change in the conditions, requirements and criteria in our time, we should consider the diyat of women as equal to men.