Review of the Documents of DIAH in Crime on Whole Eyelids and Less than That (Jurisprudential Critique and Exploration of the Articles 590 and 591 of the Islamic Penal Code)

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soleyman kolvanaq amin; BAGHERI AHMAD; MORTAZI AHMAD

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:3 Page(s): 403-428

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Information Journal Paper

Title

Review of the Documents of DIAH in Crime on Whole Eyelids and Less than That (Jurisprudential Critique and Exploration of the Articles 590 and 591 of the Islamic Penal Code)

Author(s)

soleyman kolvanaq amin | BAGHERI AHMAD | MORTAZI AHMAD | Issue Writer Certificate

Keywords

EyelidsQ1

DiahQ1

Crime on OrgansQ1

ArshQ1

Full DiahQ1

Abstract

According to the Articles 590 and 591 of the Islamic Penal Code, the Diah for cutting the Eyelids as a whole is a full Diah, and in splitting and cutting in less than the whole, one third of the Diah is fixed for two upper Eyelids and half a full Diah for two lower Eyelids. Meanwhile, there is disagreement between the Imamiyyah jurisprudents; the majority of the jurisprudents believe in proving the full Diah as a whole, but in cutting less than the total, some believe in proving a quarter of the Diah in each of the Eyelids. Some have issued fatwa confirming two-third of the Diah in the two upper Eyelids and one-third of the Diah in the two lower Eyelids. The source of the difference of opinion is the difference between inference from the narrations exposed to the verdict and the conclusion of the consensus. The findings of this study which have been made through a descriptive-analytical method, indicate that in total disconnection, the full Diah is fixed and the problem raised against the consensus is rejected. Given that here is an evidence, the content of the evidence is the same as the conclusion of the consensus and there is no strong reason for the possible evidence. In addition, by underestimating the documents of other sayings in the crime Diah to less than a total of four quadruplets, the verdict of onefourth of the Diah on each of the stairs is reasonable.

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APA: Copy

soleyman kolvanaq, amin, BAGHERI, AHMAD, & MORTAZI, AHMAD. (2020). Review of the Documents of DIAH in Crime on Whole Eyelids and Less than That (Jurisprudential Critique and Exploration of the Articles 590 and 591 of the Islamic Penal Code). ISLAMIC JURISPRUDENCE RESEARCH, 16(3 ), 403-428. SID. https://sid.ir/paper/372775/en

Vancouver: Copy

soleyman kolvanaq amin, BAGHERI AHMAD, MORTAZI AHMAD. Review of the Documents of DIAH in Crime on Whole Eyelids and Less than That (Jurisprudential Critique and Exploration of the Articles 590 and 591 of the Islamic Penal Code). ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(3 ):403-428. Available from: https://sid.ir/paper/372775/en

IEEE: Copy

amin soleyman kolvanaq, AHMAD BAGHERI, and AHMAD MORTAZI, “Review of the Documents of DIAH in Crime on Whole Eyelids and Less than That (Jurisprudential Critique and Exploration of the Articles 590 and 591 of the Islamic Penal Code),” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 3 , pp. 403–428, 2020, [Online]. Available: https://sid.ir/paper/372775/en

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