نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
In Islamic jurisprudence and the Islamic Penal Code of Iran, especially Articles 577 and 578, the obligation to pay blood money for a woman's hair in the event of its regrowth or its absence has been raised; while the permanent loss of a woman's hair entails full blood money, its regrowth requires the payment of a symbolic dowry in the same proportion. The main ambiguity occurs when, according to the expert's opinion, the amount of symbolic dowry determined for the regrown hair, which reflects the real value of the damage (both material and spiritual), is greater than the woman's full blood money. Advisory Opinion No. 7/99/1259 of the General Legal Department of the Judiciary has attempted to limit this amount to the ceiling of the woman's full blood money by referring to the note to Article 577. The present study, using a descriptive-analytical method, has reached the conclusion that, considering the goal of criminal laws in achieving justice and fully compensating for the loss, it is suggested that Articles 577 and 578 of the Islamic Penal Code be amended. This reform, taking into account jurisprudential principles such as harmlessness, expediency, justice, and full compensation for damages, allows the court to order full payment in cases where the dower, such as a woman's hair, is determined by expert opinion and taking advantage of medical advances to be higher than the full blood money limit, so that the rights of the injured party are fully satisfied and the judicial system operates fairly.
کلیدواژهها English