WERGILD OF FINGERS

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MOHAMMADIAN ALI; SOLTANI ABBASALI

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Journal: Islamic jurisprudence Resaerch Year:2014 | Volume:10 | Issue:3 Page(s): 629-658

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Information Journal Paper

Title

WERGILD OF FINGERS "A CRITICAL VIEW ON THE THEORY OF DIFFERENCE OF FINGERS IN THE AMOUNT OF WERGILD"

Author(s)

MOHAMMADIAN ALI | SOLTANI ABBASALI | Issue Writer Certificate

Keywords

EQUITY THEORYQ2

THEORY OF DIFFERENCEQ2

THUMBQ2

WERGILD OF FINGERSQ2

Abstract

Legislator in Article 641 of the Penal Code, adopted in 1392, considered equal contribution for fingers in the wergild: "Shall be any of the fingers of the hand, a tenth of the complete (wergild)?" Imami jurists have supported the popular view. But in contrast, some views appeared in Imami Jurisprudence considering the existing differences in details of the issue- almost distinguished difference of fingers in the amount of wergild and deemed more contribution for the THUMB. This view agrees Ayatollah Khoei and scholars attributed to his religious school (schools of Najaf). The author in a detailed query in the words and documents of the supporters each of the two approaches, has found the perspective of supporters of the difference theory not complete, and objecting their alleged reasons, has approved the doctrine of equality of the fingers in the wergild as a consistent view with the standards of the Imami Jurisprudence.

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APA: Copy

MOHAMMADIAN, ALI, & SOLTANI, ABBASALI. (2014). WERGILD OF FINGERS "A CRITICAL VIEW ON THE THEORY OF DIFFERENCE OF FINGERS IN THE AMOUNT OF WERGILD". ISLAMIC JURISPRUDENCE RESEARCH, 10(3), 629-658. SID. https://sid.ir/paper/220987/en

Vancouver: Copy

MOHAMMADIAN ALI, SOLTANI ABBASALI. WERGILD OF FINGERS "A CRITICAL VIEW ON THE THEORY OF DIFFERENCE OF FINGERS IN THE AMOUNT OF WERGILD". ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2014;10(3):629-658. Available from: https://sid.ir/paper/220987/en

IEEE: Copy

ALI MOHAMMADIAN, and ABBASALI SOLTANI, “WERGILD OF FINGERS "A CRITICAL VIEW ON THE THEORY OF DIFFERENCE OF FINGERS IN THE AMOUNT OF WERGILD",” ISLAMIC JURISPRUDENCE RESEARCH, vol. 10, no. 3, pp. 629–658, 2014, [Online]. Available: https://sid.ir/paper/220987/en

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