عنوان مقاله [English]
The Treasury is a source of blood money in Muslim countries. There are many Islamic traditions about the true meaning of the Treasury, but here, it specifically stands for the Treasury in Muslim countries, or Beit-ul-Maal. The Islamic punitive code has specified certain instances in which blood money can be paid through the Treasury. They include cases when murderer has not been identified either through oath-taking ceremony, or when in an oath-taking ceremony, an accused murderer has been acquitted; in cases when the next of kin is not sane; when the murderer has escaped and has no close relatives; when an officer of law or judge has made a mistake; when there are two different confessions and so forth. This study discusses legal and judicial documents and the method used to adapt legal cases with viewpoints of Muslim jurists in every one of the above cases while offering proposals for the completion or correction of the law. There are also cases in which the Islamic jurisprudence considers the Treasury responsible for the payment of blood money, which have not been mentioned in the law. Some of these cases include administration of the Islamic punishment (hadd), when a crime has been committed by People of the Book, and when an aggressor is killed by a person in defense, where the viewpoints of Muslim jurists and evidence in favor of such cases are discussed. Some of these cases are of difference among jurists as they have been poorly documented (for example with regard to death of a person due to administration of the Islamic punishment), some of them can be only proven according to a specific principle, and some are against the viewpoints of most jurists (like killing an insane attacker by a person in self-defense). Obviously, it has been right not to include these cases in the state law. The only case which is strongly documented and is based on the viewpoints of most jurists is when People of the Book commit a crime in which case the author of Jawahir has a clear decree. It is proposed that this case should be included in the law.