Study of the Rule of Blood-Money for Bone Contusion

Document Type : Original Article

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Abstract

The rule of blood-money for bone contusion says: “blood-money for contusion of bone of an organ, if it is not cured or cured incompletely, is one-third of the blood-money for that organ; and if it is cured completely, is four-fifth of the blood-money for contusion (in other words, it is four-fifth of the one-third of the blood-money for that organ).
This is one of the several rules concerning injuries of bones and, in terms of fatawa, it is well-known. It has been mentioned in the Islamic Penal Codes of 1370/1991 and 1392/2013 as well. While explaining the a.m. rule and some of its consequences, authors have discussed its evidence and documents- and in particular the chain of transmitters for the ḥadīth of Zarif Ibn Nasih which is the most important evidence for this rule. Finally, they have objected the evidence and documents of the rule and concluded that blood-money for contusion of bone of an organ, if there is a particular document for that organ, should be paid and, if there is not such an document, mulct should be paid instead of blood-money.

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