Objective provisions for compensating the martyr and his family (comparative study)

Abstract

Abstract: The importance of this study lies in the distinctive status the martyr enjoys within Islamic society and the resulting rights and privileges. The more the martyr is honored and glorified, the more the spirit of citizenship is elevated among members of a given society. Among Islamic societies is Iraqi society, as there are significant numbers of martyrs. As the number of martyrs increases, new problems arise in the way they are treated and dealt with, and with their families. Through this study, we attempt to clarify the types and degrees of martyrs and develop a legal model for them, hoping that it will enlighten Iraqi legislators and others to uphold the banner of the martyr. When we discuss martyrs in purely legal terms, a number of questions come to mind: How can the state materially compensate for the value of a person who has served as a tent casting its shadow over a family? In contrast, we examine the issue of self-sacrifice by martyrs and how can a person sacrifice their life for others? What guarantees made the martyr take this step, leaving his young children without a breadwinner? To answer these questions, it is necessary to understand the measures taken by the state to reassure individuals within a given society that the state will fulfill its duty to the fullest extent possible, and will even provide for the martyr's dependents better than if the martyr were alive. On the other hand, the sound Islamic thought deeply rooted in our society makes individuals believe in the need for this society to sacrifice human life for the continued survival of the Islamic nation. © 2023 TUJR, College of Law, Tikrit University