⁉ In what way can the dowry be paid from Baitul-Mal?
#Dieh
#Beit_Almal
The examples of Baitul-Mal’s responsibility in paying money in the Islamic Penal Code are as follows:
1- Lack of financial ability of the perpetrator or his sanity in the murder of a pure mistake
Article 470 of the Islamic Penal Code approved in 2013 states that “if the perpetrator does not have an aqila or his aqila cannot pay the ransom within the stipulated time due to lack of financial means, the ransom will be paid from the Treasury.”
2- Failure to identify the killer or the victim was killed due to crowding
Article 487 of the Islamic Penal Code approved in 2012 states that “if a person is killed and the murderer is not identified or if he is killed due to a crowd, the ransom will be paid from the Treasury.”
3- The escape of the intentional killer or his death
Article 435 of the Islamic Penal Code approved in 1392 states that “when in an intentional crime, due to death or escape, it is not possible to reach the perpetrator in the case of intentional homicide, but he can collect the ransom from the aqila, and if there is no aqila or their inability, The dowry is paid from the treasury.
4- The escape or death of the perpetrator in a quasi-intentional crime or pure mistake
In Article 474 of the Islamic Punishment Law approved in 2013, it is stated that “in a quasi-intentional crime, if there is no access to the perpetrator due to death or escape, the ransom will be taken from his property, and if his property is insufficient, it will be paid from the treasury.”
In Article 475 of the Islamic Penal Code approved in 2012, it is stated: “In the case of a crime of pure error, the payment of the ransom is the responsibility of the perpetrator. If the perpetrator cannot be reached due to death or escape, the ransom is from his property, and if he does not have money, the ransom is from the Treasury. will be paid
5- Committing murder by the agent
Article 473 of the Islamic Penal Code approved in 1392 states that “whenever an officer performs an act in accordance with the regulations in the performance of his legal duties, and the same act causes the death or physical injury of someone, the payment is the responsibility of the Bait-ul-Mal.”
In the note of this article, it is stated that “when a person knowingly enters the prohibited military area and is shot in accordance with the regulations, the guarantee is not fixed, but if he does not know that the said place is prohibited, he will be paid a sum of money.”
6- Committing murder against the crazy attacker by the defender
In Note 3 of Article 156 of the Islamic Penal Code approved in 2013, it is stated that “the killing of Mohjem Kajnoun by the legal defender is considered to be the reason for the payment of ransom from the Treasury, and in cases of legitimate disposal of ransom, it is also invalid.”
7- Cases of brief knowledge of committing a crime and creating suspicion for the judge
Article 477 of the Islamic Penal Code approved in 1392 states that “in cases of the commission of a crime by one of two or more specified people, if there is any crime surrounding the knowledge of the crime, according to the provisions of Qassama, in this regard, and in If there is no loth, the owner of the right can demand an oath from the defendants that if they all take an oath, the ransom will be paid from the treasury in the case of murder, and in cases of non-murder, the ransom will be received in equal proportion from the defendants” Tanveer Tanveer
This post is written by klm7981