Crimes against Benefits of Organs in Fiqh and Penal System of Iran


  •  Jamal Asayeshi    
  •  Khalil Afandak    

Abstract

Benefits of organs refer to non-material forces put by God in human organs definite or indefinitely e.g. eyesight in the eyes, wisdom in brain, or heart beating. The benefits of internal organs are like the organs outside the body and is under cover of the general rule of whatever there is only one of it in the body, the blood money will be a full one. Many scholars have mentioned the obligation for a full compensation for destruction of each organ. Several studies have been conducted on the elimination of benefits or determination of the value of the organ in religious regulatory books and their evaluation in Islamic jurisdiction and Islamic penal code. This penalty is sometimes called blood money or in other cases compensation. This money is determined by religious codes and should be paid by the criminal for compensating the damage induced by him. Elaboration on these benefits in religious books and then discussing the rules and regulations and finally comparing them with Iranian legal system is the goal followed by the author of the present work.


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