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Learned at the level of Al-Zahra University, peace be upon himAbstract
Abstract
The majority of jurists issued the Blood money (diyah) of totally removal of all eyelids as a complete diyah, but some issued five sixth of it. If just one eyelid is removed, one fourth, two third for upper eyelid and one third for the lower one, one third for upper eyelid and half for the lower one is mentioned. The origin of this disagreement is different understandings of the religious texts. Article 590 of the Islamic Penal Code is issued a complete diyah for total removal of eyelids, one sixth for each upper ones, and one fourth for each lower ones. The present research with descriptive-analytical approach, evaluated different views regarding this issue and concluded that none of them is provable. But applying evidentialist approach, which is the culmination of numerous probable evidences, the diyah of each eyelid can be calculated as one fourth of a complete diyah.
m,M and Ghasemi Sarab,F . (2020). Solving the Problem of Eyelid Blood Money
Using Evidentialist Approach
(Article 590 of the Islamic Penal Code). Jurisprudence and Ijtihad, 7(13), 25-47.
MLA
m,M , and Ghasemi Sarab,F . "Solving the Problem of Eyelid Blood Money
Using Evidentialist Approach
(Article 590 of the Islamic Penal Code)", Jurisprudence and Ijtihad, 7, 13, 2020, 25-47.
HARVARD
m M, Ghasemi Sarab F. (2020). 'Solving the Problem of Eyelid Blood Money
Using Evidentialist Approach
(Article 590 of the Islamic Penal Code)', Jurisprudence and Ijtihad, 7(13), pp. 25-47.
CHICAGO
M m and F Ghasemi Sarab, "Solving the Problem of Eyelid Blood Money
Using Evidentialist Approach
(Article 590 of the Islamic Penal Code)," Jurisprudence and Ijtihad, 7 13 (2020): 25-47,
VANCOUVER
m M, Ghasemi Sarab F. Solving the Problem of Eyelid Blood Money
Using Evidentialist Approach
(Article 590 of the Islamic Penal Code). Jurisprudence and Ijtihad. 2020;7(13):25-47 (In Persian).