A reflection on the blood money of internal organs and the approach of Imamiyyah jurists in dealing with it

Articles in Press

Document Type : Original Article

Authors

• Mohammad Ferdoosi poor ¹
• Hosein Ahmari ²

¹ Lecturer, Jurisprudence and Fundamentals of Law Department, Islamic Azad University of Mashhad, Mashhad, Iran

² Associate Professor, Department of Jurisprudence and Fundamentals of Law, Islamic Azad University of Mashhad, Mashhad, Iran

10.22067/jfiqh.2025.91363.1890

Abstract

In Islamic law, solutions such as blood money and blood sacrifice have been considered to compensate for the damage caused by crimes committed against the human body. Regarding the crime committed against the internal organs of the human body, no specific reason can be found that specifies the cases of blood money for these organs. Only in recent decades, this issue has been considered, but there is no single ruling on it in the writings of fatwa and argumentative jurisprudence. This research, taking into account the difference in views on this issue, seeks to obtain the ruling on the issue by using library resources and descriptive-analytical methods. For this purpose, by examining the views of jurists on this issue, three theories were obtained as follows: 1) The obligation to pay blood money; 2) The obligation to pay blood money; and 3) The obligation to pay blood money for the members of the head and the blood sacrifice in relation to other members. Although these views are mostly fatwa-related and are not supported by verbal or oral evidence, an attempt was made to correctly explain the alleged and probable reasons for each of the three views. After examining and criticizing all three perspectives, the research results show that a crime against internal organs in a way that completely deprives them of their function will result in the obligation of blood money based on the rule of "blood money for even and odd organs."

Keywords

• Blood money
• throne
• internal organ
• general rule of blood money payment
• withdrawal

Main Subjects

• Criminal jurisprudence

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