Analysis of Islamic Principles Regarding the Payment of Diya for Insane Attacker from Bait al-Mal in Legitimate Defense

The principle that each individual is accountable for their own actions, known as the principle of personal responsibility, is a well-established and widely accepted concept. However, there are exceptions to this principle, such as the responsibility of the Bait al-Mal in paying Diya. One exception, as outlined in the Islamic Penal Code approved in ۲۰۱۳, involves the payment of Diya for an insane attacker. If an insane person attacks another individual and the latter kills the attacker in self-defense, the defending person is not liable under the principle of legitimate defense. According to the opinion of the majority of jurists, no one else should be held responsible either. However, some jurists argue that the Diya for such an insane person should be paid by the Bait al-Mal. This article employs a descriptive-analytical method and concludes that, considering the verses of the Quran and the existing traditions regarding legitimate defense, it is more appropriate not to include such a provision in the law. The traditions regarding legitimate defense, which consider the blood of the attacker as worthless, are more frequent, while the traditions regarding the legitimacy of paying Diya for the insane attacker are based on a single report and cannot stand against the traditions of legitimate defense.

کلیدواژه ها:

insane ، legitimate defense ، Bait al-Mal ، Quran verses ، Diya