Analysis of Organs Equality Term in Healthy in Organ Nemesis | ||
| مجله علمی "پژوهشهای فقهی" | ||
| Article 3, Volume 9, Issue 3, October 2013, Pages 55-84 PDF (262.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jorr.2013.36182 | ||
| Authors | ||
| Ali Mohammadian; Elaheh Gholizadeh; Mohammad Mohseni Dehkalani* ; Mohammad Reza Elmi Soola | ||
| Abstract | ||
| Majority of Imamiye jurists believe that in organs nemesis (or Tarf nemesis) equality of both organs in healthy is necessary. They say that healthy organ vis-àvis unhealthy organ is not retribution. However in the opposite case, they has not committed to this judgment. Scilicet, they say that unhealthy organ vis-à-vis healthy organ is retribution.The legislator in the Islamic penal code (approved 1392) by accepting this theory in part “d” of article 393 has provided: “ In organ nemesis other than the general conditions of nemesis, the following conditions should also be observed: …d) Not to be retribution of healthy organ against the unhealthy organ.” This theory had been discussed in the Islamic penal code (approved 1370) under article 274 by this phrase: “Healthy organ vis-à-vis unhealthy organ is not retribution.” Authors with analysis the majority word and measurement it conclude that documentation provided is not intended and sufficient for proving this claim. We believe that mere equality in name of organs is adequacy and for retribution equality in specifications of organ is not necessary. Although this theory is against the view of majority of Imamiye jurists, but some contemporaries as well as consistent with our theory. Also this view, unlike competing quote, is consistent with generals of nemesis evidences and the basic rules in nemesis chapter demand it. | ||
| Keywords | ||
| Nemesis; Organ Retribution; Healthy; Unhealthy Organ; The Majority Word; The Least Word | ||
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