نقد و تحليل فقهي بر تغليظ ديه در ماه هاي حرام

An Analysis and Criticism on Intensifying the Blood- money during the Sacred Months

If a murder is committed during the sacred months, a third amount of the specified of the blood- money is added, which is referred to as intensifying the blood- money. This intense is pointed out in the decrees of the Imamiyya Jurisprudents, and generally, no distinction has been considered for any kind of murder (intentional, psedo- intentional, and pure error). The Holy Quran asserts the injunction on the sacred months, but no word is seen in this concern. Investigating the relevant traditions on the blood- money intense on the rate of this knd of ransom as much as one third in case of intentional murder and regarding the absence of the sanction of this type of murder, this paper seeks to come up with the conclusion that this intense does not involve the unintentional murder and thus the decree on intensification can be proved only for intentional murder. In conclusion, what causes the decree of intense of the blood- money to be seriously doubtful is the lack of the element of intention in the unintentional murder, in addition to the lack of the clarity of traditions, that accordingly the abusement of the sacred months is not realized, so that following it the intense of the blood- money can be proved