An Examination of the Principles of Article 674 of the Islamic Penal Code

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Narestani Mehdi; Pour Esmaeili Alireza

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Journal Paper

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Journal: Judgment Year:2024 | Volume:24 | Issue:2 (118) Page(s): 92-105

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Information Journal Paper

Title

An Examination of the Principles of Article 674 of the Islamic Penal Code

Author(s)

Narestani Mehdi | Pour Esmaeili Alireza | Issue Writer Certificate

Keywords

eyesight

Injury

recovery period

compensation for benefit

Abstract

Article 674 of the Islamic Penal Code prescribes a ruling concerning compensation for lost benefits, which, in Islamic jurisprudence, not only deviates from the widely accepted view but also lacks any authoritative "Fatwa" aligning with its provisions. Moreover, Article 674 conflicts with Article 672 of the same code, raising uncertainty about the legislative rationale behind this provision. This descriptive-analytical study aims to examine this issue within the framework of jurisprudence and the principles of civil liability law to determine whether a reliable foundation for Article 674 of the Islamic Penal Code (IPC) can be identified to justify its existence or whether it requires revision. The study’s findings suggest that the closest Fatwa to the ruling in Article 674 IPC is attributed to the jurist Mohaqqiq Karaki; however, it is not fully aligned with it. Furthermore, the subject of the article does not correspond to the rule of previous status or the "egg-shell skull" doctrine. Ultimately, the ruling in Article 674 IPC does not align with the goals of civil liability, the principle of compensating for damages, or the principle of deterrence. Consequently, the ruling in Article 674 IPC lacks any credible jurisprudential or legal foundation

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