Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 847-850 |
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Narestani M. The Criterion for Determining the Amount of Assault against Body Parts and Their Benefits, with a Hope of Recovery. MLJ 2024; 18 (59) :847-850
URL: http://ijmedicallaw.ir/article-1-1785-en.html
URL: http://ijmedicallaw.ir/article-1-1785-en.html
Department of Law, Faculty of Theology, Hakim Sabzevari University, Sabzevar, Iran.
Abstract:
Background and Aim: Qisas (retribution) and Diyeh (Blood Money) are criminal laws in Islamic Sharia and Penal (Criminal) Code. They, like any other verdicts, will be executed if their subject (assault against one’s life or body part) is fulfilled. There is a challenge in some forms of assaults (against one’s body part or its benefits) in which there is a hope for recovery and growth, or return, within the course of treatment. The challenge is that if prior to the completion of the treatment and recovery period, in any way, the victim or the injured body part is lost, what is the criterion for determining Qisas (retribution) and Diyeh (Blood Money) for the person who committed the first crime?
Method: This research is of a theoretical type, the research method is descriptive-analytical, the method of data collection is library-based, referring to books, articles and courses outside the seminary.
Ethical Considerations: In all stages of writing the present study, the originality of the texts, honesty and trustworthiness have been respected.
Results: In Imami jurisprudence and as a result, in the Islamic Penal (Criminal) Code, there have been references about some body parts and their benefits, especially about Diyeh (Blood Money). Apparently, the law does not fully match the famous fatwas of jurists. In addition, the law itself did not follow a single standard and there is a contradiction.
Conclusion: In the criminal law system of Iran, relying on the opinions of jurists and the rules of the science of principles of jurisprudence, especially the distinction between the conditionality of an object or the obstacle against it, injuries where the hope of recovery is envisaged, the criterion for determining the punishment is the injury and damage that has actually been inflicted on the victim. The possible recovery after a long period of treatment solely serves as an obstacle to the punishment, according to the amount of the initial injury. In case of doubt in the fulfillment of such an obstacle, due to the death or loss of the body part, prior to the end of the treatment.
Please cite this article as:
Narestani M. The Criterion for Determining the Amount of Assault against Body Parts and Their Benefits, with a Hope of Recovery. Medical Law Journal. 2024; 18: e57.
Method: This research is of a theoretical type, the research method is descriptive-analytical, the method of data collection is library-based, referring to books, articles and courses outside the seminary.
Ethical Considerations: In all stages of writing the present study, the originality of the texts, honesty and trustworthiness have been respected.
Results: In Imami jurisprudence and as a result, in the Islamic Penal (Criminal) Code, there have been references about some body parts and their benefits, especially about Diyeh (Blood Money). Apparently, the law does not fully match the famous fatwas of jurists. In addition, the law itself did not follow a single standard and there is a contradiction.
Conclusion: In the criminal law system of Iran, relying on the opinions of jurists and the rules of the science of principles of jurisprudence, especially the distinction between the conditionality of an object or the obstacle against it, injuries where the hope of recovery is envisaged, the criterion for determining the punishment is the injury and damage that has actually been inflicted on the victim. The possible recovery after a long period of treatment solely serves as an obstacle to the punishment, according to the amount of the initial injury. In case of doubt in the fulfillment of such an obstacle, due to the death or loss of the body part, prior to the end of the treatment.
Please cite this article as:
Narestani M. The Criterion for Determining the Amount of Assault against Body Parts and Their Benefits, with a Hope of Recovery. Medical Law Journal. 2024; 18: e57.
Keywords: Loss of Body Part, Benefit, Treatment Period, Qisas (Retribution), Diyeh (Blood Money), Hindrance, Conditionality, Hope for Recovery
Type of Study: Review Article |
Received: 2024/02/24 | Accepted: 2024/06/7
Received: 2024/02/24 | Accepted: 2024/06/7
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