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Razipour Juibari A, Shakeri A. A Medical-jurisprudential and Legal Study of Grievous Harms Inflicted on Human Auditory System. MLJ 2021; 15 (56) :643-658
URL: http://ijmedicallaw.ir/article-1-1167-en.html

Background and Aim: As one of the main organs of the body, the auditory system has a crucial role in the individual’s learning process and every day activities. Anatomically, it consists of four parts: outer, middle, inner, and central. Regarding the function of each part, the harm inflicted on them will affect hearing, learning, and communicating processes differently. Harm inflicted on the auditory system is considered as grievous bodily harm resulting in disability. The holy legislator of Islam and the rule of law determine retaliation as the main penalty for intentional crime against body and benefit: The significance of this descriptive-analytic study is in the fact that it had a medical-jurisprudential and legal approach to a close investigation of the intentional harm inflicted on the outer, middle, inner, or central ears separately.
Materials and Methods: This research is a descriptive-analytical method based on documentary studies and collection of legal and medical data to analyze the crime on the human hearing system.
Results: It was decided that with regard to no condition for the resemblance of the weapon in utilizing the right to retaliation on the one hand, and the advances in medical science on the other, and following the principle of “retribution for wounds”, any harms inflicted on the auricle, earlobe, eardrum, and the external auditory canal can be retaliated. For harms inflicted on the middle ear bones and the cochlea, retribution is discredited for fear of the danger it can cause, and compensation for intentional injury is designated. For broken middle ear bones, according to Article 573 of the Islamic Penal Code, Diya for broken bone in addition to Diya for loss of hearing benefit is appraised.
Ethical considerations: In order to organiz this research  while observing the Authenticacity of the Text honesty and fidelity have been observed.
Conclusion: The law and prescribe forensic medicine  for crimes against the centeral auditory system such as listening Diya, Arsh, on the other hand the , the amount of punishment for crimes on the tympanic membrane and external auditory canal is not proportion with the funcyonal level of the organ.The advancement of medical science and quantification of retrocochlear lesions and the fact that the legislature has prescribed retribution for the main punishment of intentional crime to the organ and benefit.It is necessary to review the rules and regulations related to crimes against the auditory system, including crimes against the central system.

Cite this article as: Razipour Juibari A, Shakeri A. A Medical-jurisprudential and Legal Study of Grievous Harms Inflicted on Human Auditory System. Medical Law Journal 2021; 15(56): e40.