Bisexual retaliation in Islam

Subject Areas : International Legal Research

sofia divsalar mohajer ¹ , beytollah divsalar ² , fakhrollah mollaei kandeloos ³

1 - Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Chalous, Iran
2 - Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Chalous, Iran
3 - Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Chalous, Iran

Received: 2019-08-10 Accepted : 2020-04-30 Published : 2021-08-23

Keywords: "jurisprudence", "Bisexuals", "Neutral", "Dominant Gender", "Retribution",

Abstract :

One of the major legal challenges is the status of bisexuals (neutrals) in punishments. The purpose of this article is to examine the retaliation of bisexuals in Islam. In this paper, a descriptive analytical method is used. The main question raised in this article is what is the retribution of bisexuals in Islam? And what is the dominant gender determination method for determining retribution punishment? The results of the article indicate that gender is effective in determining the punishment of retribution in Islam. Regarding the situation of bisexuals, it should be said that in jurisprudence, the problem is divided into two general categories: obvious neutral people and neutral neutral people. Jurisprudential rulings are also divided according to these two categories. According to the few theories in this regard, if a man neutralizes the problem, the relatives of the victim can retaliate, but it is necessary to pay a quarter of the blood money to the parents of the killer. If a neutral person kills a woman with a problem, but Dam can retaliate by paying a quarter of the blood money to the neutral parents of the problem, but if both the killer and the victim are neutral, the victim will be retaliated against. It is difficult and obvious that female and male predominance is based on the same dominant gender.