Explaining the Limits and Criteria for the Murder of Mahdur Al-Dam in the Iranian Legal System

Abstract

In Islamic jurisprudence and Iranian criminal law, a “bloodsucker” is a person whose blood is permissible and whose killing does not result in retribution or blood money. This concept, which originates from authentic Islamic texts, has gained special importance due to its direct connection with human life and the scope of its legal protection. In special cases, when individuals commit hadd crimes such as apostasy, insulting the Prophet, war, and rebellion, or pose a serious threat to the security and order of society, the title of “bloodsucker” is applied to them. These individuals are deprived of full religious and legal protection, but determining the instances and conditions of being a bloodsucker requires precision and reliance on valid religious evidence. The Supreme Leader, Ayatollah Khamenei, emphasizes the need for caution in the blood of individuals who are introduced as bloodsuckers and has announced that the execution of relevant rulings must be carried out solely by competent judicial authorities and based on religious proof, and any arbitrary action is rejected. They do not consider Mahdur al-Dam to be an absolute term and believe that this title is more relative and takes into account the jurisdiction of the Sharia ruler and the Supreme Leader. The Islamic Penal Code, in Article 302, recognizes groups such as the apostate by nature, the slanderer of the Prophet, the warlike infidel, and the adulterer who is a Muhsin as Mahdur al-Dam and does not consider their killing to be subject to retribution or blood money. However, a note to the law considers any action without the permission of the court to be a crime and subject to ta’zir punishment. The existence of legal principles such as the principle of innocence, the principle of precaution in blood, and the monopoly of the execution of punishment by the Sharia ruler are important frameworks for observing human rights and judicial justice in this regard. The issue of killing Mahdur al-Dam should be examined and implemented in a way that, while maintaining the security and social order of society, prevents the abuse and violation of individual rights.