نوع مقاله : مقاله پژوهشی
نویسنده
استادیار؛ دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
From the viewpoint of many Imamiyya jurisprudents, injuring the earlobe leading to its perforation or tear, has ordained blood money, the amount of which is controversial among them. Some hold that it is one-sixth and some others hold that it is one-eighth of the total blood money. The present paper, using an analytical-descriptive methodology and through investigation into the available evidences, came to the conclusion that the basis for determining blood money in this crime is hadiths as well as consensus. Examination of the documents shows that none of them is capable of proving ordained blood money. Therefore, in consistent with some modern jurisprudents, it should be considered as non-ordained blood money. The Islamic Penal Code, under the Article (601) of 2013, has only considered the earlobe tearing incompletely and surprisingly has determined one-ninth of the total blood money for that, a decision which has no legal support.
کلیدواژهها [English]