Atonement (Diyeh) for rupture of the meninges without damage to the skin and bones of the skull in the Islamic Penal Code and its relation to Atonement (Diyeh)for the skull

Shahnoosh Forooshani, Mohammad Al Abd Al Saleh

doi:10.22034/jlvi.2025.2050752.1298

Atonement (Diyeh) for rupture of the meninges without damage to the skin and bones of the skull in the Islamic Penal Code and its relation to Atonement (Diyeh)for the skull

Document Type : Research/Original/Regular Article

Author

mohammad al abd al saleh shahnoosh forooshani

Assistant Professor, Department of Islamic Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

10.22034/jlvi.2025.2050752.1298

Abstract

In Article 709 of the Iranian Islamic Penal Code, compensation (atonement- Diyah) for the injuries of the head and face is mentioned. To determine the Diyah for head and face injuries, first their types are defined based on what is stated in jurisprudence, and the Diyah is determined for each type. In the definition of Damghe, it is stated: "An injury or damage that tears the brain bag...". According to the same paragraph, Damghe's Diyah is Mamomeh's Diyah plus Arsh. The appearance of the clause is that it is the image of the rupture of the brain bag. If we take into account the definition of other types of injuries other than Hashme and Manqla, this question comes to mind, is it enough to tear the brainsac in order to achieve a domgh, or should the scalp and skull bones also be split before the brainsac is torn? In this article, based on the jurisprudence of this article and compatible with the structure of the wording of Article 709, we show that this illusion is not correct, and that a concussion is an injury that occurs in the head or face, and in the case of rupture of the brain sac without injury, it is life-threatening. It is only a guarantor of rupture of the brain sac.

Keywords

Damgha

Ja'

ifah

damage

injury

Atonement (Diyeh)

arsh

Subjects