أحكام التنازل و الصلح و العفو في الجنايات و الديات : دراسة فقهية مقارنة

الملخص EN

The subject of compliance, reconciliation and forgiveness constitutes a part of the cases in Islamic Law that contains many divergences because of the diversity and preciseness of its matters.

There are cases of punishment for murder and punishment for other crimes despite homicide.

Another subject is the judgment of prisoners of war after the absolution and the amount of their release (after agreement of the concerning parties).

All these topics need clarification and investigation of the statements made by the Islamic scholars.

This study’s focus doesn’t deviate from the comparison of the expert testimonies of the Islamic savants wherever it covers the points about compliance, reconciliation and absolution after crimes without discussing topics of forgiveness in matters of money or other treatments.

Rules and judgments of prisoners of war and their release and the agreements concerning the release values will not be discussed either.

Nor is the separation of married couples and everything concerning their judges subject of this thesis.

Compliance, reconciliation and forgiveness are requested and desirable in the Islamic Law and Allah entailed a reward for it.

This constitutes the main topic of this assumption that contains the clarification of the Islamic judgments which are in conjunction with the absolution after crimes and his impact on punishments whether for murder or other crimes and also the impact of an addition to the value of the blood money that is already settled by the Islamic Law.

And among these existing cases today are those with that particular demand of additional reimbursements to the defined blood money and especially the requests that contains multiplication of the existing punishment which are treated here by analyzing the scholar speeches regarding to this matter and the resulting consequences as well as the roll of the Islamic Tribunals and the considering competent associations in matters of exaggerated blood money requisitions.

I clarified that the reconciliation under the terms of the Islamic Law concerning the agreement on the value of the blood money whether it is the penalty for a murder or any other crime (less severe than murder) on which the savants have a consensus.

They agree also on the correctness of the reconciliation if the value of the payment agreement is less than stipulated (by the Islamic Law) because of the legality for the owner of the right to renunciate completely, so does he logically have the right to claim less than his usual privilege.

This is the opinion of the major part of the Hanafi and Maliki Scholars.

Concerning the reconciliation under terms outgoing the prescribed blood money value, it is allowed according to the preferable opinion of the Schafii and Hanbali Scholars except if the addition on which the parties agreed is from the same gender as the originally blood money