Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 12 3 2025 09 23 criminal liability of duress in Crimes related to bodily harm criminal liability of duress in Crimes related to bodily harm 64 84 3030 10.22091/csiw.2024.11095.2571 FA MohammadHadi Tavakolpour Assistant Professor in Criminal Law&Criminology/ faculty of law/ University of Judicial Sciences and Administrative Services/ Tehran/Iran 0009-0007-7374-486X Saleh Montazeri Assistant Prof of Islamic Law,, Faculty of Judicial Law, University for Judicial Sciences and Administrative Services, Tehran, Iran Journal Article 2024 07 28 The absence of the prohibition of committing the crime of bodily harm in case of duress and consequently non-Qisas of the one who was in duress, it gives rise to jurisprudential and legal issues regarding the possibility of Qisas of One who causes duress and proof of the Blood money is based on the assumption of non- Qisas and also the person responsible for paying the Blood money. In this research, which was carried out with a descriptive and analytical method and with the evaluation of jurisprudential evidence, the result was obtained that it seems that due to the non-commitment of a crime by One who causes duress and non-attribution of crime to him, it is not possible to believe that he plays a more important role than one who commits conduct. a search in the laws of western countries also indicates that in some cases, one who causes duress was not convicted of the main crime, but another crime, such as the crime of incitement or accessory, was considered for him. Also, according to the rule of not wasting Muslim blood and also the independence of the Blood money from the Qisas, in some situations it seems necessary to pay the Blood money of victim by one of these two party. On the other hand, it seems that the payment of the Blood money is the responsibility of who was in duress and of course, considering that the cause of this waste of money is of one who causes duress, another person can take the money from her after paying the Blood money. The absence of the prohibition of committing the crime of bodily harm in case of duress and consequently non-Qisas of the one who was in duress, it gives rise to jurisprudential and legal issues regarding the possibility of Qisas of One who causes duress and proof of the Blood money is based on the assumption of non- Qisas and also the person responsible for paying the Blood money. In this research, which was carried out with a descriptive and analytical method and with the evaluation of jurisprudential evidence, the result was obtained that it seems that due to the non-commitment of a crime by One who causes duress and non-attribution of crime to him, it is not possible to believe that he plays a more important role than one who commits conduct. a search in the laws of western countries also indicates that in some cases, one who causes duress was not convicted of the main crime, but another crime, such as the crime of incitement or accessory, was considered for him. Also, according to the rule of not wasting Muslim blood and also the independence of the Blood money from the Qisas, in some situations it seems necessary to pay the Blood money of victim by one of these two party. On the other hand, it seems that the payment of the Blood money is the responsibility of who was in duress and of course, considering that the cause of this waste of money is of one who causes duress, another person can take the money from her after paying the Blood money. https://csiw.qom.ac.ir/article_3030_8765b5f3bb2739f8071b356d840ecc2e.pdf