Analysis of Abi Basir’s Hadith Concerning non-Annulment of Muslims’ Blood

Document Type : Research Paper

Author

Assistant Professor, Tehran University, Qum Farabi College

Abstract

Though, in intentional murder, blood-money which should be received depends upon agreement between him and heirs of the murdered person (in other words, it is reconciliatory), according to Abi Basir’s hadith, if a murderer escapes and cannot be found, blood-money should be taken from his properties and, if this is not possible, in the next stage from his relatives, and finally from Public Treasury. There are many questions about this hadith from among which we may mention the following ones: “Does this hadith concern its own occasion or may it be generalized to cover cases such as cases in which the murderer commits suicide or is killed by someone other than the heir of the murdered person and without his [heir’s] permission? Concerning quasi intentional murder, if the murderer has no financial ability, may blood-money be taken from his relatives and then from Public Treasury? The present article discusses this hadith and questions about it.

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