Study of the excess money that paid as the recompense for loss in case of a female death in Fiqh and Legal point of view

Document Type : Original Article

Author

judge

Abstract

Some of the losses sustained by the human the human mistakes is covered by compulsory insurance of civil liability or the legislator considered some special measures for this case such as paying atonement from the physical damage fund committee. The new liabilities of the physical damage fund committee and insurance organizations that covers the death restitution which in case a women death happen the physical damage fund committee is oblige to pay the difference of the atonement of a muslim male death in case a female death in all kind of crimes as well as car accident.
This brings up the question that what is the nature of this payment (which is higher than the defined payment by the Sharia)? and how it should be distributed amongst the beneficiaries? In this issue a part of the recompense is paid to the heir which its nature and how to be paid is defined. However, the other half to be paid for a contractual obligation or a law, have not studied in our legal system yet. This study aims to define the nature and the distribution aspects of the excess amount paid; and to investigate the rights of the affected creditors, or whether the criminal benefit from this in case he/she committed the crime?

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