Ownership of qisas and diya in Imamiyyah and Sunni jurisprudence

Qasas is legislated in Islamic Sharia as a punishment for intentional murder and money as a punishment for wrongful murder. In this article, "primitive ownership of the right of retribution and dowry" has been investigated using analytical-descriptive research method and comparative approach. The main question of the research is that "from the point of view of Imamiyyah and Sunni jurisprudence, the primary ownership of the right of retribution and dowry belongs to the victim or the heirs". In this matter, there are at least three promises. The famous jurists of the Imamiyyah and the Republic of Sunni jurists believe that the primitive owner is the victim of retribution, but this ownership is momentary and instantaneous, and then it is forcibly transferred to the heirs. Some Sunni schools and contemporary Imami jurists believe in the primitive ownership of the right of retribution and dowry for the heirs. While the other group elaborates between the right of retribution and dowry and they believe that retribution is the right of the heirs and dowry is the right of the victim. Based on the findings of this research, the theory of primitive ownership of the heirs, while having more strength and stability, is also more consistent with the requirements of the time.