Critical Examination of the Jurisprudential Grounds of the Blood Money for Penetrative Cheek (Critical Analysis of Note 3 of Article 709 of the Criminal Code)

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Zargarian Taha; Ghoorchi Beigi Majid; Khaksar Haghani Dehkordi Ali

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Journal: MEDICAL FIGH QUARTERLY Year:2018 | Volume:10 | Issue:36-37 Page(s): 7-19

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Title

Critical Examination of the Jurisprudential Grounds of the Blood Money for Penetrative Cheek (Critical Analysis of Note 3 of Article 709 of the Criminal Code)

Author(s)

Zargarian Taha | Ghoorchi Beigi Majid | Khaksar Haghani Dehkordi Ali | Issue Writer Certificate

Keywords

Blood MoneyQ2

CheekQ1

PenetrativeQ1

Abstract

Background and Aim In remark 3 of article 709 of the Islamic Punishment Code, the legislator put: ''if the offence on the Cheek is in a way that shows inside the mouth, one fifth of full Blood Money is necessary''. However, there is no consensus on this point among Imamie jurisprudents because some of them believe that this type of Blood Money is only one tenth of full Blood Money. They are different and it is an important point because the abandonment of each of the two perspectives will have a significant effect on the amount of Blood Money. The case is exacerbated when we observe that both groups refer to some valid traditions. Therefore, it requires a content investigation to settle this issue. Materials and Methods Content investigation has its own complexity, however, based on a descriptiveanalytic method, and utilizing verbal reasons and the procedure of the jurisprudents, in this way, it examines the jurisprudential foundations of the third remark of article 709 of the Criminal Code. Conclusion The result of the discussion and reviews suggested as modifying the remark of the article is that whenever a Cheek is exposed to injury, it is necessary to determine Blood Money at a rate of one-tenth of the full Blood Money.

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References

EXPLAINING THE IDENTITY OF PENETRATIVE INJURE IN CRIMINAL LAW OF IMAMYIA (A CRITIQUE TO THE SECOND NOTE OF ARTICLE 713 OF THE ISLAMIC PUNISHMENT LAW)

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APA: Copy

Zargarian, Taha, Ghoorchi Beigi, Majid, & Khaksar Haghani Dehkordi, Ali. (2018). Critical Examination of the Jurisprudential Grounds of the Blood Money for Penetrative Cheek (Critical Analysis of Note 3 of Article 709 of the Criminal Code). MEDICAL FIGH QUARTERLY, 10(36-37 ), 7-19. SID. https://sid.ir/paper/195177/en

Vancouver: Copy

Zargarian Taha, Ghoorchi Beigi Majid, Khaksar Haghani Dehkordi Ali. Critical Examination of the Jurisprudential Grounds of the Blood Money for Penetrative Cheek (Critical Analysis of Note 3 of Article 709 of the Criminal Code). MEDICAL FIGH QUARTERLY[Internet]. 2018;10(36-37 ):7-19. Available from: https://sid.ir/paper/195177/en

IEEE: Copy

Taha Zargarian, Majid Ghoorchi Beigi, and Ali Khaksar Haghani Dehkordi, “Critical Examination of the Jurisprudential Grounds of the Blood Money for Penetrative Cheek (Critical Analysis of Note 3 of Article 709 of the Criminal Code),” MEDICAL FIGH QUARTERLY, vol. 10, no. 36-37 , pp. 7–19, 2018, [Online]. Available: https://sid.ir/paper/195177/en

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