Guarantee of blood money when the family is absent or poor - a comparative study with positive law

Abstract

The Islamic Sharia has dealt with in its legislation common cases in daily life, and these cases prevent the implementation of Islamic legislation such as retribution and blood money, such as the absence of the rational person or her inability to pay the blood money, and this resource is like the problem of research.

This topic is of great importance, as it represents a solution to many cases in which a person’s life goes to waste, while the evidence guarantees a general rule that the blood of a Muslim is not wasted. This research covers a wide area of ​​people’s material and moral rights. In my study, I followed the analytical, deductive, and comparative method. The research plan necessitated its distribution into four sections preceded by an introduction, and concluded with a summary that included the most prominent findings of the research.

The first topic included a clarification of the concept of the rational person, while the second topic included the most important narrations related to this issue, while the third topic included the sayings and evidence of the jurists, while the fourth topic included the legal treatment of the absence or poverty of the rational person.

And our last prayer is that praise be to God, Lord of the Worlds, and prayers and peace be upon the best of prophets and messengers, Muhammad and his family.