The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Diyeh for Rupture of the Meninges without Damage to the Skin or Skull in the Islamic Penal Code and its Relationship with the Diyeh of Damighah (Puncture of the brain membrane)

Document Type : Research/Original/Regular Article

Author
Assistant Professor, Department of Islamic Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
Article 709 of the Islamic Penal Code (IPC) details the Diyeh for injuries to the head and face. To determine the Diyeh for such injuries, they are first defined based on Islamic jurisprudence (Fiqh), with a specific Diyeh assigned to each type. Nine types of injuries are defined across nine clauses of this article. Notably, in Clause (Kh), Damighah is defined as a "damage or injury," whereas other clauses do not utilize the term "damage" (Sadameh). Damighah is specifically described as "a damage or injury that ruptures the brain sac (meninges)..." According to the concluding part of this clause, the Diyeh for Damighah consists of the Diyeh for Ma’mumah plus an Arsh. The literal phrasing of Clause (suggests that Damighah is simply the rupture of the meninges. However, considering the definitions of other types of injuries (excluding Hashimah and Munaqqilah), a critical question arises: Is the mere rupture of the meninges sufficient for the realization of Damighah, or must the scalp and skull also be breached first? The inclusion of the term "damage" (Sadameh) has created a misconception that Damighah occurs even if the meninges are ruptured without an external wound. By examining the jurisprudential origins of this article and analyzing the linguistic structure of Article 709, this paper demonstrates that this misconception is incorrect. Damighah refers specifically to a wound that occurs on the head or face [reaching the brain sac]. Therefore, in cases where the meninges are ruptured without an accompanying external wound, the perpetrator is liable only for the Arsh of the ruptured meninges, rather than the full Diyeh of Damighah.
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Volume 30, Issue 111
Summer 2025
Pages 147-160

  • Receive Date 15 January 2025
  • Revise Date 05 August 2025
  • Accept Date 26 July 2025