Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Analytical and Critical Reading of Article 639 of Islamic Penal Code (Diyah for Cutting Hand, above the Ankle and Elbow)

Document Type : Original Article

Authors
1 Assistant Professor, Department of Jurisprudence and Law, Bozorgmehr University of Qaenat, Qaen, Iran. (Corresponding Author)
2 Assistant Professor, Department of Jurisprudence and Law, Bozorgmehr University of Qaenat, Qaen, Iran.
10.22034/jccj.2024.399623.1288
Abstract
Article 639 Q.A. According to the well-known Imami jurists, in case of amputation of the hand from the forearm or arm (and with the same criteria for amputation of the leg from the leg or thigh), in addition to half of the full payment, in the excess amount, Arsh is also fixed. has known by examining jurisprudential writings, there are two other views on the assumption of the problem. In a fundamental research and by adopting the descriptive-analytical method, the present essay investigated the existing views and found the popular view to have weaknesses and flaws; On the other hand, there is another point of view on the issue that has been able to attract a significant number of contemporaries. This point of view believes that in the assumption of the problem, only half of the full dowry has been put on the diya and no more Arsh will be given to the victim. According to the authors of this article, this point of view can be the basis of the legislator's action due to its well-documented evidence. The results of the present research, in line with the above-mentioned theory, indicate that the reference to the use of the word iodine as well as the use and inclusion of the word “rejl” can strengthen the above-mentioned point of view; Therefore, it can be said that hand is a noun for all members and foot is also a noun for all members and the common understanding is that each of these members is called hand or foot; Therefore, it is sufficient to prove the payment and the determination of Arsh does not seem justified.
Keywords

Volume 3, Issue 4
Autumn 2023
Pages 83-92

  • Receive Date 12 August 2023
  • Revise Date 02 December 2023
  • Accept Date 10 December 2023
  • Publish Date 22 December 2023