Volume 17, Issue 2 (2013)
CLR 2013, 17(2): 117-143 |
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Deylami A. The Nature of Diyat in Islam vs. Punitive Damages in the US: A comparative Study. CLR 2013; 17 (2) :117-143
URL: http://clr.modares.ac.ir/article-20-678-en.html
URL: http://clr.modares.ac.ir/article-20-678-en.html
Assistant Professor, Department of Private and Islamic Law,
Faculty of Law, Qom University, Qom, Iran
Abstract: (8191 Views)
Today it has proven essential to make a distinction between “crime and punishment” and “civil faults”, and the consent of responsibility must be categorized in either of the above two classes; hence, their effects must be a function of their general effects. It follows that with introduction of the institution of Diyat in the Iranian legal system, queries raise as how to classify and place if in the category of legal or civil institutions. Despite two other rival theories, a theory that regards admixture Diyatof the elements of both of the above classes, tries to justify all of its elements and effects. To justify benefiting a legal institution of a dual nature, proponents of this theory make reference to the punitive damages in the US legal system; the present paper endorses the possibility of a legal institution enjoying a dual nature and focuses on the rate of similarities and differences of Diyat and punitive damages.
Received: 2013/03/31 | Accepted: 2013/06/8 | Published: 2013/09/22
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