استيفاء ولي الدم للقصاص من الجاني بنفسه في جناية القتل العمد : دراسة مقارنة

Abstract EN

This research aims to study the Islamic rulings about attaining retribution by avenger of blood himself in willful murders.

This will be done by illustrating the meaning of attaining retribution، the Islamic ruling of allowing the avenger of blood to attain retribution by himself without allowing other avengers of blood to do so، and the consequences of such permission.

The researcher found that the meaning of retribution reduces to «equivalent or similar action of a victim or his avenger of blood on a willful murderer «.

In addition، he found that the avenger of blood himself has the right to attain retribution only if he is given a permission by the governor or the Sultan، and he has no right to do it without “Qadaa” or permission of Imam.

Moreover، if the avenger of blood attains retribution without permission، he will be given a break to prove his claim about the murder and he will be punished for not taking the permission of Imam.

However، if he cannot prove his claim، he will be considered as a willful murderer.