تضامن المجتمع في تعويض ضحايا جرائم القتل مجهولة الفاعل: القسامة نموذجاً

Abstract

All canons and legislations lay down rules and measures that seek to protect the human soul and recognize its sanctity. In the event of an assault, the provisions concerning the punishment of the aggressor and reparation for the victim's family shall apply. In homicides with unknown perpetrators, Islamic law establishes a system called Qassamah that applies in this case. Islamic jurists recognize two different roles, aiming at reparation for the victim's relatives but also as a means of proving the identification of the murderer. The application of Qassamah has multiple and detailed conditions that show the intellectual richness that can accommodate most contemporary hypotheses and developments. It should be noted here that French law has known applications similar to what Islamic jurists have stipulated with regard to reparation, as it has adopted systems in line with its legal system, including compensation for each assault, whether this attack results in death or damage, and whether the aggressor is unknown or insolvent and unable to pay compensation.

The adoption of the Qassamah system has multiple reasons and reasons, as it seeks to compensate for the harm of the victim's families, and it also devotes to the concept of solidarity with them from all members of society. In addition, there is nothing to prevent the acceptance of the Qassamah system in our legal system, especially since there are texts in force that can be developed and relied upon to implement this system derived from our jurisprudential heritage.