عنوان مقاله [English]
نویسنده [English]چکیده [English]
One of the fundamental principles of jurisprudential deduction is wisdom. If Islamic command are not found in holy book and traditions, or there is no consensus, religious perception can be inferred through wisdom. Wisdom is like an inner prophet. In the era of occultation a jurist or a religious leader can render an appropriate sentence (verdict) on the basis of collective and individual criterion. The emerging issues and development in Islamic community infrastructure are some of those criterion. In Quranic context there is nothing about blood money inequality between men and women and generally life is placed for life, Quran (5:45). The verdict regarding unequal sentence is goes back to tradition in prophet's time. It is said that the reason of inequality of blood money was the greater responsibility of the man in economic matters of the family and his position as head of the family. Without any doubt in the modern era, the undeniable presence of women in the work place and production, as well as in urban or rural areas, in science, technology, teaching can not be ignored. So, as their impact on household livelihood and economic value in society which is equal or higher than some men, public interest requires that under special circumstances such as time and change in the nature of cases, the above mentioned inequality be set aside. In a society which is administered by a religious leader, women's blood money inequality can be removed under general warrant.