نوع مقاله : مقاله پژوهشی
نویسنده
گروه فقه جزا موسسه عالی فقه و علوم اسلامی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the injuries that happen to members due to crime is "shalal"(paralysis) of the member. The Islamic Penal Code considers the word "paralysis " to be equivalent to the word "shalal". In Article 564 in general, and in various articles such as 602, 609, 634, 644, and 647 in detail, the compensation amount for "paralysis" in different body parts is determined to be two-thirds of the compensation for that specific member. This, while the jurisprudential documents are not compatible with the general principle of the rule. Furthermore, paralyzing a limb is associated with the loss of essential benefits, or at least some of the essential benefits of that limb. In some jurisprudential texts, the destruction of important and essential benefits has been considered sufficient for a full compensation payment (diya). The findings of this research indicate that, based on jurisprudential documents, the general principle of paralysis of limbs is flawed, and this rule is only applicable to the fingers of the hands and feet. Additionally, based on credible jurisprudential narratives, paralysis of the hands and feet results in full compensation (diya), while for other limbs, compensation or partial compensation (arsh) is determined according to the specific circumstances and the extent of the injury.
کلیدواژهها [English]