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Resumen de Compenser au Maghreb: réflexion sur l’évolution et les significations du prix du sang ('diya')

Ben Hounet Yazid

  • This paper deals with the meanings of compensation in the Maghreb, based on the example of blood money (diya). I present the ways in which diya is applied in different countries and contexts. It is thus integrated into the penal code and judicial practice in Mauritania and Sudan, while in Algeria and Morocco it is not enshrined in criminal law and is sometimes used, even today, outside (and in addition to) judicial mechanisms. I show that this is a practice that is evolving and adapting to the transformations of societies (evolution of amounts according to crimes, progressive erasure of distinctions according to the sex, age and social status of the victim and the offender). The analysis of diya, between social groups, will allow us to identify similarities and differences with compensation when it is provided by the State or the political authorities of a country.


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