His Excellency the Chief Justice… a hundred camels, not two sheep ✍️ Dr. Abdul Karim Al Hashemi
God honored man and granted him his work and his creation. God created our master Adam, the father of humanity, with his own hands, breathed his spirit into him and made him a caliph on earth. He confirmed the magical dialogue that took place between God. Almighty and his angels, peace be upon them, who have confirmed the caliphate of man on earth, as he says there: {And when your Lord said to the angels: “Indeed, I will place a caliph on the earth, they said: “It will.” You will place in it someone who will cause corruption in it and shed blood, while we glorify Your praise and sanctify You. He said: “Indeed, I know what you do not know. » (Al-Baqarah: 30) The wisdom and will of God required that man should not be created in vain or in distraction, that he should not leave him in vain or in neglect, and that he should not does not leave it as tasty food for criminals and tyrants. God has enacted laws to secure people's interests. benefit them, repel any harm and reduce and neutralize corruption. One of the greatest corruptions and dangers to which man is exposed is the loss and annihilation of human lives, for Islam has accorded a high status to the soul. God therefore praised those who strive and are willing to revive the soul, and condemned its murder. and confiscating his right to life, thus God Almighty said: (Whoever kills a soul for anything other than souls or corruption on the earth, it is as if he had killed all mankind, and whoever saves it, it is as if he had saved all humanity” Surah Al-Ma'idah, verse 32. The wise legislator wanted to honor humanity, that is why he ordered. the preservation of blood and lives, and prescribed retaliation for their preservation in the form of discipline, deterrence, correction and reprimand Among the provisions which God has legislated and which His Noble Messenger has decreed is the price. blood, which is a penalty that combines punishment and compensation, because it contains the reprimand and deterrence that perpetrators and murderers deserve, and it guarantees the safety of souls from annihilation and disappearance. obligatory in manslaughter and semi-intentional murder, and in premeditated murder, if blood relatives accept blood money in lieu of retaliation, it is necessarily known that retaliation is necessary in cases of premeditated murder, life for life, that is, execution. of the killer. Blood money is paid by camels, and this is the original principle. As for other types, such as cows, sheep, gold and silver, there is a difference of opinion among jurists, and their validity is examined by scholars. The legislator has fixed the blood price for a man at one hundred camels, and for a woman at fifty camels, and the blood price for a child is the same as the blood price for an adult, man or woman. The blood price is set by law and cannot be less than one hundred camels, but it can be increased to more than one hundred if the killing was intentional and requires retaliation. The family of the deceased person may demand more than a hundred camels. in exchange for waiving their right to retaliation. The Sudanese legislator addressed the issue of blood money in article (42) of the 1992 Penal Code, where he defined it as a sum of money paid as compensation to the victim, in the event of premeditated, semi-intentional and involuntary homicide. The Sudanese legislature has approved the amount of blood money agreed between the scholars, which is one hundred camels, or the equivalent of their money value, as estimated, from time to time, by the Sudanese Chief Justice, after consultation with the competent authorities. However, what is approved by the Sudanese judiciary and applied in the courts is the financial compensation for the camels, and according to the latest criminal circular issued by the Sudanese Chief Justice No. (4) for the year 2016 AD, the amount of Heavy blood money is (370) thousand pounds, which corresponds to the blood money for premeditated murder, if retaliation is waived, in agreement with the family of the deceased to waive his right to retaliation, the amount of blood money for a semi-intentional murder. murder and manslaughter amount to (330) thousand pounds.
In recent times, violations against the human soul have increased, to the point that the human soul has become humiliated despite its honor, and killing has become easier than drinking water, and many societies have tolerated premeditated murder by changing the punishment from retaliation to blood. money, and the state joined in, until these companies facilitated suicide. The amount of blood money is insignificant and death and murder rates in road accidents have increased, which Sudanese law classifies as manslaughter that requires blood money. and whose value is not equal to the value of two sheep. The low value of blood money has made many people easily kill a human being. Some fools even publicly threaten their opponents with death and pay their blood money, which threatens the lives of many people in light of the violations the country is witnessing. The crime of murder is a heinous crime that God Almighty does not approve of. On the contrary, removing the Kaaba is easier in the eyes of God than committing suicide. Islamic law paid attention to this crime and was therefore strict. and its consequences in the afterlife have been clearly established for eternal eternity in Hell, as God Almighty said: “And whoever kills a believer intentionally, his reward will be Hell forever, and the wrath and curse of God will be. “against him, and a great punishment has been prepared for him” (An-Nisa' 93). The Sudanese justice system must re-evaluate the value of blood money, in order to prevent and deter perpetrators from committing this heinous crime. the author, and discourage complacency and ease in killing souls and sparing their blood, because the soul is considered the most important necessity. The five that Sharia stipulates and wishes to preserve. The current value of blood money in Sudanese penal laws is not enough to buy two sheep, nor to buy one camel, let alone one hundred camels. All data leads to the need to review the amount of blood money in light of. the rapid inflation that the country is witnessing. Do not, Your Excellency, Chief Justice, make a concession to the human blood that is lost. May God honor him greatly. To ensure the stability and adequacy of blood money value, one must pay an amount of gold, which is considered a good store of financial value, instead of financial value, which can erode due to economic fluctuations.
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