Shariah financial compensation for bone displacement along with criticism of Article 569 of the Islamic Penal Code

Articles in Press

Document Type : Original Article

Author

• Mohammad javad Mohammadi

PhD in jurisprudence and fundamentals of Islamic law, level 4 of Qom seminary Lecturer of higher levels and researcher of the Research Center of the Higher Institute of Islamic Jurisprudence and Sciences

10.22067/jfiqh.2024.88869.1806

Abstract

One of the most common injuries in accidents is broken bones. Bone fracture in its general sense can occur in different ways. Bone displacement is one of the types of fracture in which the broken bones are displaced from their position and for fracture treatment and healing, it is necessary to first return the bones to their place. In many hadiths, a certain amount of money has been determined for moving the bone. At the same time, there is no mention of this damage and the amount of compensation in the Islamic Penal Code. In some cases, the displacement of the bone has been wrongly included under the displacement of the bone joint. This article has studied the narrative and jurisprudential texts with the aim of discovering the Shari'a rule in determining the amount of compensation for bone displacement (Naqul al-Azm) and with the approach of analyzing and criticizing the materials related to bone injuries (Articles 569 to 575) of the Islamic Penal Code. The findings of this research indicate that, based on authentic narrative texts, the amount of bone displacement - except in exceptional cases - is usually half of the amount of fracture of the limb, and this amount is added to the amount of fracture of the limb.

Keywords

• bone transfer
• bone displacement
• bone dislocation

Main Subjects

• Criminal jurisprudence

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