Forfeiting the Criminal Guarantee by a Legitimate Act: A Comparative Jurisprudential Study

Abstract

This study basically investigated the ruling on the killing of a passerby while passing in front of a praying person and the praying person pushes them away through fighting, after a gradual process of lesser offenses. The research also innestigated the ruling on the wasted blood resulting from an act authorized by the Shari’a as the marriage of a healthy person to someone who knows that he has a deadly infectious disease. The researcher analyzed the Quoranic verses, prophetic hadiths and the sayings of the scholars in the basic schools of thoughts. The researcher hightlighted the following rulings on the previous two issues: It is permissible to waist the blood of the passerby who was trunted away except by fighting. Furthermore, the researcher agreed with the opinion that a spouse who is infected with a deadly contagious disease is responsible, and the transmitter of illness is considered a killer; the consent and permission of the healthy spouce to marry the infected person do not have any effect on dropping the retaliation or blood-money.