عنوان مقاله [English]
Statement of the Problem and Research Objective: Within jurisprudential texts and the Islamic Penal Code, the recuperation of certain injuries leads to a reduction in the corresponding blood money. Notably, the complete recovery from a spinal fracture, for instance, decreases the blood money from the total to one-tenth of its original value (Allameh Helli, 1420, 5/582 and Article 647 of the IPL). However, a notable limitation emerges: the scope of injuries subject to this reduction remains restricted, and a general rule regarding the influence of recovery on blood money quantity is absent. The core focus of this research is to explore the potential for extending the instances where recovery affects blood money amounts. The research aims to elucidate the position of Imamih jurisprudence and the Islamic Penal Code on this matter.
Research Questions: A pivotal inquiry arises concerning the blood money for unspecified injuries assuming recovery occurs. Does the fixed blood money also decrease for these cases upon recovery? Is the decision to reduce blood money exclusive to cases explicitly stipulated in Islamic jurisprudence or the penal code?
Theories: The penal code leaves this issue unaddressed, yielding two distinct viewpoints in jurisprudence. One perspective negates the generalization of recovery cases, while the other affirms its possibility. This article refrains from dogmatically endorsing either theory but instead evaluates the impact of recovery on blood money quantities based on fundamental texts concerning blood money and contextual reflection.
Method: This study employs a library-based data collection method. The analysis and exposition follow a descriptive and analytical approach.
Results: The author's contemplation of the potential influence of recovery on the blood money for injuries impacting individuals' physical well-being leads to the following conclusions:
Amputation of Limbs and Extremities: Religious texts indicate that blood money for organs intends not to compensate harm but to rectify the gap resulting from limb loss. Consequently, blood money for amputations becomes inapplicable upon limb transplantation or repair. Compensation is contingent on expert consultation. Thus, the constraint on blood money does not hinder its effect on recovery.
Extinguishment of Interest: Stipulations by certain jurists on fixed compensation in cases of restored hearing and reason imply that if recovery of interest is feasible, the blood money reflects temporary rather than permanent extinguishment. For miraculous or unforeseen interest returns, the prescribed blood money remains unchanged.
Wounds: Recovery of head, face, grave, and scratch wounds doesn't impact fated blood money. The juridical titles governing these cases warrant fixed blood money, unaffected by recovery. Consultation with experts determines compensation if wounds heal.
Bone Damage: In cases of bone damage like fractures, crushing, and dislocations, recovery reduces blood money, reflecting the influence of recovery described in religious texts. However, scratches and bone-clearing wounds, where blood money corresponds to established titles, remain unaffected by recovery.
Skin Color Change: Skin color alteration fixes the blood money amount, and the subsequent return to the original color post-crime has no impact.