Intensification of Compensation and the Responsibility of Bayt al-Mal

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Abstract

Cases where Bayt al-Mal is responsible for payment of compensation are sometimes accompanied by intensification of compensation. The question is that whether Bayt al-Mal should pay the intensified compensation in such cases. This question has not been answered in juristic and, legal texts. In addition to causing difference in opinions, it has caused courts to doubt generalization of the intensification to Bayt al-Mal and even sometimes to make dual judgments in this connection.Investigating the proofs of intensification, on the one hand, and those of responsibility of Bayt al-Mal on the other, the present essay concludes that those proofs are general and absolute without being qualified and particularized. Another proof for responsibility of Bayt al-Mal in such payment is to believe in an independent reality for the intensified compensation.Such problems as contradiction to the principle of individualization of punishments and also necessity of precaution in expending Bayt al-Mal are dealt with in this essay as well.

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