The reparation of corporal damage in the Islamic jurisprudence

Document Type : Research Article

Author

Qom Higher Education

Abstract

The reparation of corporal damage in the Islamic jurisprudence one of the important legal subjects is the reparation of corporal damage in the Islamic jurisprudence and legal system, because nowadays, from one side the consequence of pecuniary loss of this kind damage is very heavy than the past and in the majority of modern legal system, the wrongdoer is responsible for all of it’s pecuniary loss.
From other side, there is blood – money (Diay) in the Islamic jurisprudence and legal system which there is not in the other legal system.
Therefore, this question will be supposed that, if in the Islamic juruisprudence and legal system, the injured party has right to recover compensations other than blood- money (Diay) or his or her responsibility is limited to payment of blood – money, or if the sum of expenses of injury is more than the sum of blood – money, the wrongdore is responsible for this excessive sum.
In theis Article, the compensationof corporal damage in accordance with legal principle of Isamic jurisprudence has been considered.

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