Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 7 2 2021 08 23 Non-Inclusiveness of the Rule of Blood-Money of Single or Paired Organs toward Subordinate Organ Non-Inclusiveness of the Rule of Blood-Money of Single or Paired Organs toward Subordinate Organ 195 242 70129 10.22034/jrj.2020.57057.2009 FA Saleh Montazeri Assistant Professor in Department of Principle of Islamic Law at Edalat University, Teacher at University of Judicial Sciences and Administrative Services and Student at advance Level of Hawza Ilmiyya;(Corresponding Author); salehmontazeri@ujsas.ac.i Payam Forouzande Graduate Student in Criminal Law and Criminology at Judicial Sciences and Administrative Services; forouzandehpayam@gmail.com Journal Article 2020 03 03 One of the most important rules which dominated the blood-money rule is the rule of blood-money of single and paired organs which has been construed as the rule of blood-money of single and paired organs. The mentioned rule indicates that full blood-money must be paid for damaging a single organ or both of paired organs and half of blood-money for damaging an organ of a paired. This rule is codifiedin Article 563 of the Islamic Penal Code in 2013. But despite that, the scope of inclusiveness is not determined within the rule of blood-money of a single and paired organs with regard to being the main part of the body or subordinate of that.For this regard, inquiring into Fiqhi books and jurists’ opinions while examining some examples of organs, the writers, due to the attention of narrations to some organs, have gained access to this important point that it is aimed at those organs which are the main. This attention is endorsed by the necessity of proportionality between crime and blood-money and also customary reliance. So, regarding the blood-money of some subordinate organs such as nipples and nostrils which there is a special and reliable tradition about the value of blood-money, it is judged based on the said rule. According to the claim of this study of non-inclusiveness of the rule toward subordinate organs, it is judge to arsh (compensation payable in the case of offences against the body) for those subordinate organs such as spinal cord, clavicle and appendix which there is no special rule to prove the blood-money other than the said rule. One of the most important rules which dominated the blood-money rule is the rule of blood-money of single and paired organs which has been construed as the rule of blood-money of single and paired organs. The mentioned rule indicates that full blood-money must be paid for damaging a single organ or both of paired organs and half of blood-money for damaging an organ of a paired. This rule is codifiedin Article 563 of the Islamic Penal Code in 2013. But despite that, the scope of inclusiveness is not determined within the rule of blood-money of a single and paired organs with regard to being the main part of the body or subordinate of that.For this regard, inquiring into Fiqhi books and jurists’ opinions while examining some examples of organs, the writers, due to the attention of narrations to some organs, have gained access to this important point that it is aimed at those organs which are the main. This attention is endorsed by the necessity of proportionality between crime and blood-money and also customary reliance. So, regarding the blood-money of some subordinate organs such as nipples and nostrils which there is a special and reliable tradition about the value of blood-money, it is judged based on the said rule. According to the claim of this study of non-inclusiveness of the rule toward subordinate organs, it is judge to arsh (compensation payable in the case of offences against the body) for those subordinate organs such as spinal cord, clavicle and appendix which there is no special rule to prove the blood-money other than the said rule.

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