Ghandili, S., Abedisarasiya, A., Ghabooli, S. (2025). Examining the inclusion of the rule of inviolability of Muslim blood in relation to benevolent acts leading to death ( criticism of Article 509 of the Islamic Penal Code). , (), -. doi: 10.22067/jfiqh.2025.90265.1851
Seyyedhosein Ghandili; Alireza Abedisarasiya; Seyyed mohammad taghi Ghabooli. "Examining the inclusion of the rule of inviolability of Muslim blood in relation to benevolent acts leading to death ( criticism of Article 509 of the Islamic Penal Code)". , , , 2025, -. doi: 10.22067/jfiqh.2025.90265.1851
Ghandili, S., Abedisarasiya, A., Ghabooli, S. (2025). 'Examining the inclusion of the rule of inviolability of Muslim blood in relation to benevolent acts leading to death ( criticism of Article 509 of the Islamic Penal Code)', , (), pp. -. doi: 10.22067/jfiqh.2025.90265.1851
Ghandili, S., Abedisarasiya, A., Ghabooli, S. Examining the inclusion of the rule of inviolability of Muslim blood in relation to benevolent acts leading to death ( criticism of Article 509 of the Islamic Penal Code). , 2025; (): -. doi: 10.22067/jfiqh.2025.90265.1851
Examining the inclusion of the rule of inviolability of Muslim blood in relation to benevolent acts leading to death ( criticism of Article 509 of the Islamic Penal Code)
1PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran
2Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract
According to the principle of Ihsan (benevolence), if a benevolent act results in damage, it is exempt from liability. In the discourse of jurists, there is no distinction between bodily harm and financial damage, and in both cases, liability is absolutely excluded. However, based on evidence and indications, the foundation of Islamic law is to differentiate between financial and bodily damages in terms of liability. In bodily harm, unlike financial damage, the rule of the inviolability of a Muslim’s blood has been established, which prevents the violation of a Muslim’s blood and the absence of liability for it.
As a result, the question arises: if liability is absolutely excluded in a benevolent act that leads to death, does this not constitute a violation of a Muslim’s blood? Therefore, the assertion of the absolute exclusion of liability requires further examination.
In this paper, using a descriptive-analytical method and employing library and documentary research tools, the three scenarios of the discussion (an act leading to the death of the beneficiary, an act leading to the death of a third party, and an act leading to death with the intention of general benevolence) were examined. The existing possibilities were analyzed, and the likelihood of compensating bodily damages by the public treasury (Bayt al-Mal), based on the principle of the inviolability of a Muslim’s blood and other evidence and indications, was strengthened in certain cases.
