Analyzing retribution for broken teeth from the perspective of penal law and jurisprudence of Islamic schools of thought

Document Type : Original Article

Author

Member of the academic staff of the Islamic Azad University, Neishabur branch

Abstract

Abstract
Retribution is one of the punishments in Islamic criminal law, where the perpetrator is sentenced for committing a deliberate crime against the soul, limb or benefit. One of the organs that may be subjected to intentional crime is the tooth. According to the rule, if a deliberate crime is inflicted on a member, the first sentence is retribution. In Islamic criminal law, based on verse 45 of Surah Ma'ida and the Islamic Penal Code, qisas dandan has been accepted and approved.
On the other hand, according to jurisprudence and according to Article 401 of the Islamic Penal Code, in the case of a broken bone, retribution is void, and since the tooth is of the same species as the bone, naturally it should not be subject to the ruling on the permissibility of retribution, while the legislator in Article 412 considers Revenge has become broken teeth. The current research aims to give an answer to this contradiction by delving into jurisprudence and legal texts in an analytical-descriptive manner.

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