[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

File number: 544/2/74

Judgment

Judgment: 1167- [date:] 8/11/1374 [28 January 1996]

In the Name of God - According to the case documents, the report[s] of law enforcement agencies, and the recommendation of the official experts of the Justice Department, together with the certificate of the examination of the corpse and the complaint of the next of kin, the confession and the groundless defence of the defendant in relation to the manslaughter of Hasan Honarpisheh Josghani, an 89-year-old Baha’i, by the defendant Nezam Ali Ebadi, son of Mahmoud, is proven to be a result of his negligent driving. However, given that the victim is a Baha’i, the law has not provided for payment of diyeh (blood money) for a Baha’i victim. In accordance with the fatwa of the learned of Islam, and page 559 of Tahrirolvasileh, Question 3,1 and Article 297 of the Islamic Sentencing Act, blood money is only payable in cases where the victim is a Muslim. Islam provides for the payment of eight hundred derhams of silver for murdered Christians, Jews and the Magi. Other infidels are not entitled to receive blood money. Therefore, with respect to the family and the victim’s father, all of whom profess to be Baha’is, the judgment is made in favour of the accused; however, in accordance with Article 3, the accused, Mr. Nezam Ali Abdi, is ordered to pay a fine in the sum of fifty thousand tuman, equal to five hundred thousand rial, for the benefit of the government fund. This order can be appealed within 20 days after it has been served on the plaintiffs at the Appeals Court of Central Tehran Province.

Head of the Second Branch of the Public Court - Ray County, Ghazavi

[handwritten note at the bottom of the page]

Two copies of the Judgment are sent to the plaintiff, Farangis Honarpisheh [contact details]

[signature over official stamp]

[signature]

15/12/1374 [5 March 1996]