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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VATANI AMIR; ZARGARIYAN TAHA

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Journal: Medical Figh Year:2017 | Volume:9 | Issue:30-31 Page(s): 33-45

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Title

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)

Author(s)

VATANI AMIR | ZARGARIYAN TAHA | Issue Writer Certificate

Keywords

INJUREQ1

PENETRATIVEQ1

OSSEOUS DAMAGEQ1

ARTICLE 713 OF THE ISLAMIC PUNISHMENT LAWQ1

Abstract

The legislator in the second note of ARTICLE 713 OF THE ISLAMIC PUNISHMENT LAW says: ''whenever the thing which has caused the PENETRATIVE INJURE exits from the other part of the organ, two PENETRATIVE injuries are considered''. This note is based on the theses of a number of jurisprudents who believe that the realization of a PENETRATIVE injury depends on the usual and valid penetration of an external instrument in one part of the INJUREd organ. Hence, if the instrument exits from the other part of the same organ, two PENETRATIVE injuries take place. However, this view produces some ambiguities for the judiciary and forensic experts because the amount of usual or valid penetration of an external instrument is not clear. On the contrary, other jurisprudents believe that PENETRATIVE injury takes place only if the instrument rifts skin and flesh and penetrates from one part of the organ and exits from the other part. This latter view does not suffer from the ambiguities of the former one and opens a clear window to the different aspects of the PENETRATIVE injury. This essay applies a method of descriptive-analytic as well as enjoying lexical, Traditional and jurisprudential evidence. It will accept the latter view and provide an illustration of it for a better recognition of the PENETRATIVE injuries. For this purpose, two conditions have been considered: 1. Non-necessity of OSSEOUS DAMAGEs for the realization of a PENETRATIVE injury and introducing body organs which can be the subject of a PENETRATIVE injury.

Cites

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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APA: Copy

VATANI, AMIR, & ZARGARIYAN, TAHA. (2017). 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). MEDICAL FIGH QUARTERLY, 9(30-31 ), 33-45. SID. https://sid.ir/paper/195178/en

Vancouver: Copy

VATANI AMIR, ZARGARIYAN TAHA. 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). MEDICAL FIGH QUARTERLY[Internet]. 2017;9(30-31 ):33-45. Available from: https://sid.ir/paper/195178/en

IEEE: Copy

AMIR VATANI, and TAHA ZARGARIYAN, “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),” MEDICAL FIGH QUARTERLY, vol. 9, no. 30-31 , pp. 33–45, 2017, [Online]. Available: https://sid.ir/paper/195178/en

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