نوع مقاله : مقاله پژوهشی
نویسنده
استادیار-گروه فقه-دانشگاه پیام نور - تهران- ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
jurisprudential and legal rules concerning diyah. These developments have increased the need to reconsider traditional rulings on compensation for injured organs, especially transplanted organs. Article 566 of the Islamic Penal Code introduces a functional criterion by considering the vitality and effective performance of a transplanted organ as the basis for the applicability of diyah. However, the amount and conditions of diyah remain subject to different jurisprudential interpretations, particularly in Imami Shiʿa and Sunni schools of law.
Using a descriptive-analytical method and a comparative approach, this study examines the rulings on diyah for transplanted organs in Imami and Sunni jurisprudence and evaluates their relationship with Article 566 of the Islamic Penal Code. The findings show that the main difference between the two approaches concerns the basis for establishing liability and determining the amount of diyah. In Imami jurisprudence, if a transplanted organ, after attachment, gains vitality, stability, and customary function in the recipient’s body, it is treated as an original organ; therefore, its complete destruction entails the diyah of the original organ. If vitality or function is not established, liability is reduced to arsh or monetary compensation.
In Sunni jurisprudence, the dominant view, based on benefit and the attachment of the part to the whole, may justify full diyah when the transplanted organ functions effectively. Nevertheless, some opinions consider compensation on the basis of arsh, value, or lost benefit due to the organ’s external origin and possible functional impairment. Accordingly, Article 566 adopts an integrative approach based on functional vitality.
کلیدواژهها [English]
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