The Faculty of Shari’ah

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Browsing The Faculty of Shari’ah by Author "Adnan Ahmed DarweeshThahir"

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    A Valuation of Blood Money Among Ordinance, Law/ Comparative Study
    (2014) Adnan Ahmed DarweeshThahir; Dr . Jamal Ahmed Zaid Kilani
    This study " A Valuation of Blood Money Among Ordinance, Law/ Comparative Study" was submitted in partial fulfillment of the requirements for the degree of Master of post graduate studies Department Fiqeh (Islamic Laws) under the supervision of associate professor Dr. Jamal Kilani. The importance of this study is due to the high level of accidents that the human is subjected to, especially his body organs, in the light of the technological development we witness these days. - When the Sharia was put aside from power, some laws have appeared such as the civil law and the law of insurance which include many rules about compensating the injuries, but in many forms they lack the ability of equal compensation to reduce the hurt because they are not in line with the amounts of compensations decided by Sharia for killing or hurting. - This study consists of introduction, three chapters, and a conclusion. - The first chapter dealt with the definition of Diya (money compensation for killing), its rules and origin. In the second chapter, the amount of organs' compensation in Sharia was discussed. In the first section, the amount of compensation for each organ of body was discussed. In the second section, the undefined compensation, its definition, ways of estimating it and its time was also discussed. - The third chapter dealt with the compensation of the body hurt in the law. The first section includes the compensation in the civil law, its definition, causes, bases and the ways and time of estimating it. In the second section, the law of insurance and the same issues were discussed. Then I talked about agreeing on certain amount of money between the company and the injury; in addition to giving some examples to illustrate that. - The research was concluded with the findings and recommendations, the most important among them are: - 1 - The principles of Sharia in the crime of murdering or what is less than it (hurting) are based on compensating all physical and mental hurts according to the decided amounts of compensation by Sharia. The things that have no decided compensation will be decided by the judge by taking into account that they should be harmonized with the decided amounts in Diya and Arsh. On other hand, the compensation in the law is not estimated in advance, they estimate it after the hurt with taking into account two things: the real lost profit and the expected loss in profit. - 2- I recommended reviewing the Palestinian insurance law which lacks the regulations which help to estimate the compensation that should be in line with the amounts decided by Sharia in Diya and Irsh.