Blood Money for Urinary and Fecal Leak in Imamyia Jurisprudence and Islamic Punishment Code (Critique and Proposing to Rectify Art.651, 652, 704 and 705 IPC)

Urinary and fecal leak are two most important complications are mainly due to neurological and spinal cord injury, or damage to organs involved in urinary and fecal excretion. The difference between Shariah's jurisprudence regarding the amount and manner of determining the blood money of these charges has led the jurisprudents of the Imamiyah to present two different views in this regard. First, proportionate to the duration of the incontinence across the day, a different blood money will be calculated and paid. Second, if this is permanent, the blood money will be complete and if it is temporary, indemnity will be paid. Previous Islamic Penal Code defends the first in its Article 474 and the new one defends the second in Article 704 and 705. The jurisprudents have talked about Blood Money for urinary and fecal leak under the entries of 'kasr-e Ba'soos' and 'dharb-e 'ejan'', the legislator, quite unprofessionally, has translated those texts in Article 651 and 652. This leads to the negligence from dividing the incontinence to two complete and partial types. On the other hand, leads to some legal and jurisprudential challenges. This research has been organized in order to answer these challenges.

By using authentic jurisprudential sources and descriptive-analytic approach, On the one hand, referred to a critical rethinking in the views of jurisprudence and on the other hand, it has criticized the other four articles related to the blood money for urinary and fecal leak. We critique the four articles related to the blood money for urinary and fecal leak and suggests that only one article expresses the blood money for these two phenomena.

Thinking about the Documentation of jurists viewpoints shows that their second view, which distinguishes between permanent and non - permanent state, has more power. At the same time, it is necessary to pay attention to the category of complete and incomplete status of the leak by considering the permanent and temporary state of leak. In addition, it is proposed to prevent ambiguity in legislation the four articles that express the leakage, by undergoing fundamental reforms only be expressed in the form of an independent article.