The book “Instances of Diya Payment by the State,” authored in Persian by Hosseinali Bay, has been published by the Research Institute for Islamic Culture and Thought Press in 420 pages. This research work provides an analytical examination of a pivotal issue in criminal and public law: the state’s obligation to compensate for the bodily injuries of its citizens.
Although the concept of “state civil liability” is considered a relatively recent phenomenon in modern legal literature, this study endeavors to re-examine the origins, capacities, and historical precedents of this principle within the Islamic legal framework and Imami jurisprudence.
The author’s primary objective in this volume is to precisely elucidate those instances in which, according to jurisprudential and statutory standards, the burden of compensating for physical injuries and paying Diya is lifted from the culpable individual and transferred to the Bait al-Mal (the public treasury).
Major Instances of Diya Payment by the State
The central focus of the book is an expert evaluation and classification of the legal manifestations of this specific type of liability. The most significant instances analyzed in this work include the following:
- Compensation for damages arising from judicial errors and mistakes made by judges.
- Injuries resulting from the errors of military and law enforcement personnel while in the line of duty.
- State liability toward crime victims in cases where the perpetrator (the murderer or assailant) remains unidentified or has absconded.
- The payment of Diya for fatalities caused by crowd crushes (Qatil al-Ziham).
