Document Type : Research Paper

Author

• mohamad jafar sadegh pour

researcher of Center Judiciary Studies of legal medicine

Abstract

In Article (568) and Clause (a) of Article (569) of the Islamic criminal Code, the legislator has expressed the amount of  Diyah for fracture. Assigning two different articles to this issue has caused the perception that these two articles have a different subject. This view is strengthened by the legislator's statement to assign the rule of Article (568) to "fracture of a limb" and Article (569) to "fracture of a bone of a limb". The difference or sameness of the subject of these two regulations, along with the gaps and challenges that are facing them, makes it necessary to analyze their structure and basis. This necessity is more felt by referring to the conflicting views of the legal authorities of the judiciary in this regard and the existence of fundamental problems in the Shariah and jurisprudence foundations of these two articles. Understanding this importance, the writer, with a descriptive-analytical method, while strengthening the divergence of the above-mentioned articles, suggests the removal of Article (568) due to its content or lack of Shari'i validity. It is also mentioned in this essay  that paragraph (a) of article (569) needs to be fundamentally amended and in this regard, three suggestions  for the amendment of this article have been mentioned.

Keywords

• Diah
• fracture
• Improvement
• article (568)
• article (569)

Main Subjects

• Islamic jurisprudence