Jurisprudential research on payment for breaking the clavicle Relying on the criticism and proposal to amend Article 656 of the Islamic Republic of Iran

Document Type : Original Article

Author

Assistant Professor of Hazrat Ayat Azami Boroujerdi University (RA)

10.22034/mfu.2023.139574.1326

Abstract

broken and treated along with the defect, the compensation will be equal to the compensation of a perfect person. And if a clavicle bone breaks and is treated along with the defect, its debt will be equal to half of the full human debt. The origin of the aforementioned legislation is based on one of the two views in al-Diyat jurisprudence. A group of Imamiyyah jurists do not agree with the point of view of predestined money in the crime under discussion, but they are of the opinion that in order to break the clavicle in the assumption of treatment along with the defect, one should refer to the government. By following the opinions of both views, it becomes clear; The proponents of each of the mentioned views have cited different arguments to prove their point of view. Based on the descriptive-analytical method, the present research has discussed the existing views on the current issue and while mentioning the evidence, it has criticized each of the reasons by using the method of conflicting opinions. The conducted research has resulted in criticizing a part of Article 656 of the Criminal Code; Because the acceptance of fixed payment for a broken clavicle in the assumption of treating a defect is faced with many fundamental and jurisprudential problems, while referring to the government for the aforementioned crime is far from any criticism and is the discretion of many Imami jurists.

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