Jurisprudential and Legal Examination of the Exercise of the Right to Retaliation by Some Heirs of the Victim in the Absence or Without the Consent of Others

Abstract

This study examines the possibility of exercising the right to retaliation (Qisas) by some of the heirs of the victim in the absence or without the consent of others. Given the central role of Qisas in Islamic jurisprudence and Iranian criminal law, this research seeks to analyze various jurisprudential and legal perspectives, assess the arguments of proponents and opponents, and propose practical solutions. The research method is descriptive-analytical, based on library sources, authoritative jurisprudential texts, statutory laws, and comparative studies. The findings indicate that although most Shiite jurists do not permit the exercise of the right to Qisas without the consent of all heirs of the victim, differing opinions exist among Sunni jurists and some contemporary Shiite scholars, which can give rise to legal and social debates. One of the primary objectives of this study is to clarify the extent of the authority of each heir based on jurisprudential and legal foundations to prevent potential abuses or violations of the rights of others. The study concludes by providing recommendations for improving legislation and reducing related conflicts.