Jurisprudential and Legal Analysis of Criminal's Satisfaction in Article 384 of the Islamic Penal Code enacted in 1392 HS

Mohsen Rahimian, Mas’ud Ra’i, Siamak Baharlui


Legislation is very serious and precise, especially where a human soul is involved. According to Article 384 of the Islamic Penal Code; if one person intentionally kills two or more people and the blood avengers of all the slain want Qiṣāṣ, the murderer will be retaliated without paying Diya. If the blood avengers of some of the victims want Qiṣāṣ and the blood avengers of the victim or other victims want blood money, if the murderer agrees to pay them blood money in exchange for their Qiṣāṣ, their blood money will be paid from the murderer's property and without the murderer's consent, they do not have the right to take blood money from him or his property. The point to consider in this legal article is that the payment of Diya from the property of the criminal to the victim is bound to the consent of the criminal. The basis of this opinion of the legislator is the opinion of some jurists. The present article in a descriptive-analytical research, with a problem-oriented view, follows the legal study of criminal’s satisfaction in this legal article and the analysis and critique of its jurisprudential principles. One of the most important findings of the study is that the discussion of criminal’s satisfaction in Article 384 of the Islamic Penal Code needs to be reviewed and revised by the legislator because it is incompatible with the rule of justice, the rule of “The blood of Muslim is not wasted”, the rule of obligation to save lives and other jurisprudential rules.


Jurisprudential Analysis; Legal Analysis; Criminal’s Satisfaction; Article 384 of the Islamic Penal Code

Full Text:



The Holy Qur’an, Persian Translation by Mohammad Mehdi Fooladvand.

Abedini, Ahmad (1383 HS) "The Rule of Value of Human Blood", Quarterly Journal of New Exploration in Islamic Jurisprudence, Volume 11, Issue 40.

Āmulī (Ḥurr Āmulī), Muhammad ibn Hassan (1416 AH), Wasā’il al-Shia, vols. 15 and 29, Qom: Al-Bayt Foundation, peace be upon them.

Ardabili, Molla Ahmad (nd), Zubdah Al-Bayān (translated by Mohammad Baqir Behboodi), first edition, Tehran: Al-Murtazawiyyah Library.

Asghari, Seyyed Mohammad (1388 HS), Justice as a jurisprudential and legal rule, Law Quarterly, no. 1.

Haji Dehabadi, Ahmad (1388 HS), Difference of Diya and the scope of authority of the blood avengers in the murder of a woman, Quarterly Journal of the Women's Social Cultural Council, year. 12, No. 45.

Ḥillī, Hassan Ibn Yūsuf (1413 AH), Qawāʿid al-Ahkām fi Ma’refat al-Halal wa al-Haram, vol. 3, Qom: Islamic Publishing Institute.

Ibn Fahad Hiilī, Ahmad Ibn Muhammad (1413 AH) Al-Muhadhdhab Al-Bari’, Qom: Society of Teachers.

Ibn Idris, Muhammad (1411 AH), Al-Sarā’ir, second edition, Qom: Islamic Publishing Institute.

Ibn Zohra, Hamza Ibn Ali (1417 AH), Ghaniyeh Al-Nuzu’, first edition, Qom: Imam Ṣādiq (AS) Institute.

Jabal Āmulī (Shahid Thānī), Zayn al-Din bin Ali (1413 AH), Masālik al-Afhām, first publication, Qom: Islamic Enlightenment Institute.

Kazemifar, Morteza (1392 HS) Islamic Penal Code 1392, Tehran: np.

Khansari, Seyyed Ahmad (1191 AH), Jami’ al-Madārik, Ismailian Institute, Qom.

Khoei, Seyyed Abolghasem (1396 AH), Mabani Takmilah al-Minhaj, second publication, Al-Adab Press, Najaf Ashraf.

Madani Kashani, Reza (1119 AH), the book of retribution for jurists and properties, Islamic Publications Office, Qom.

Najafi, Mohammad Hassan (1367 HS), Jawāhir al-Kalām, third publication, Tehran: Islamic Library.

Rouhani, Seyyed Mohammad Sadegh, (1378 HS), Judicial Referendums, first publication, np.

Sabzevārī (1119 AH), Kifāyah al-Ahkām, vol. 28, Islamic Publications Office, Qom.

Tabataba’i, Seyyed Muhammad Hussein (1402 AH), Al-Mīzān, Qom: Islamic Publishing Institute.

Ṭabrasī, Faḍl Ibn Hassan (1415 AH) Jawāmi' al-Jāmi', vol. 1, Introduction 2, Tehran, University of Tehran and Qom Seminary Management Center.

Tabrizi, Javad (1378 HS), Kitāb al-Qiṣāṣ, first edition, np.

Tūsī, Muhammad ibn Hassan (1417 AH), Al-Khilāf, second publication, Qom: Islamic Publishing Institute.

Tūsī, Muhammad ibn al-Hassan (1387 AH), Al-Mabsūt, Tehran: Al-Maktabah Library.

Tūsī, Muhammad ibn al-Hassan (nd), Al-Nahāyah, Qom: Quds Publications.

DOI: http://dx.doi.org/10.18415/ijmmu.v8i12.3145


  • There are currently no refbacks.

Copyright (c) 2021 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
Copyright © 2014-2018 IJMMU. All rights reserved.