A Critique and Analysis of the Jurisprudential Principles of the Recent Section of Article 662 of the Islamic Penal Code on

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HATAMI SEDIGHEH

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Journal Paper

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Journal: FIQH Year:2021 | Volume:27 | Issue:4 (104) Page(s): 90-111

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Information Journal Paper

Title

A Critique and Analysis of the Jurisprudential Principles of the Recent Section of Article 662 of the Islamic Penal Code on "the Diya of Penis of an Impotent Person"

Author(s)

HATAMI SEDIGHEH | Issue Writer Certificate

Keywords

One-third of the diya

full diya

detailed diya

Penal code

diya of the impotent person

Abstract

'Anan means the disorder of sexual desire in men and their inability to erect the penis, which there is disagreement among Imamiyah jurists about the amount of diya (blood money) on the penis. Most jurists led by Sheikh Tusi, referring to arguments such as narrations, consensus, paralysis of the penis and the principle of exemption from Dhimeh (obligation), believe in the proof of one-third of the full diya and the Islamic Penal code (approved in 2013) in the last part of Article 662 has followed the popular view of jurists. Contrary to the most jurists' view, the author has achieved two different views from other jurists by examining jurisprudential texts. The group, headed by Ibn Junaid Scafi, one of the pioneers, and Ayatollah Khoei, a contemporary, believe in the proof of the full diya, through referring to the narration of Sakuni and referring to the narrations, which indicate the proof of a full diyat in a man's penis. Another group, which belongs to Ayatollah Madani Kashani, tries to examine the issue in detail considering the causes of male impotence. The present article, through a descriptive-analytical research, has explained and analyzed the existing views on the issue and their documents, and by undermining the arguments of two well-known and unpopular views, has chosen the detailed theory of the late Madani Kashani as a correct view.

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APA: Copy

HATAMI, SEDIGHEH. (2021). A Critique and Analysis of the Jurisprudential Principles of the Recent Section of Article 662 of the Islamic Penal Code on "the Diya of Penis of an Impotent Person". FIQH, 27(4 (104) ), 90-111. SID. https://sid.ir/paper/386058/en

Vancouver: Copy

HATAMI SEDIGHEH. A Critique and Analysis of the Jurisprudential Principles of the Recent Section of Article 662 of the Islamic Penal Code on "the Diya of Penis of an Impotent Person". FIQH[Internet]. 2021;27(4 (104) ):90-111. Available from: https://sid.ir/paper/386058/en

IEEE: Copy

SEDIGHEH HATAMI, “A Critique and Analysis of the Jurisprudential Principles of the Recent Section of Article 662 of the Islamic Penal Code on "the Diya of Penis of an Impotent Person",” FIQH, vol. 27, no. 4 (104) , pp. 90–111, 2021, [Online]. Available: https://sid.ir/paper/386058/en

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