Iran’s Judiciary: Illegal Residency Does Not Bar Foreign Nationals from Compensation Claims

Iran’s Judiciary Legal Department has recently clarified in a new opinion that receiving blood money (diyeh) is applicable for foreign nationals regardless of whether they have legal residency or not. This view responds to a legal inquiry following the practice of some Iranian courts that denied compensation rights to foreigners without legal residency permits.

According to this advisory opinion, although illegal residency is considered a criminal act for foreign nationals, it does not prevent Iranian judicial and legal institutions from addressing compensation claims. The right of the affected party, their heirs, or legal representatives to receive blood money remains preserved.

The Legal Department emphasized that the compensation can be paid either by the offender or public funds (beyt al-mal), and the enforcement unit is obligated to issue payment orders once the identity of the rightful claimant is established.

Iran’s judiciary has issued this stance amid ongoing criticism from human rights organizations regarding discriminatory treatment of foreign nationals—particularly Afghan residents—in Iran’s legal system. In many instances, Afghan migrants without legal residency documentation have been denied access to fundamental rights such as healthcare, education, and justice.