Arguing against women's compensation halving: An interpretation of article 301 of the Iranian Civil Law

One of the most important rules in the field of restitutions is arsh or government. Arsh is the compensation of harms done to the body of man and its value is not determined. This rule is among the absolutes of Shiite jurisprudence and is unanimously accepted by jurisprudents although there are disagreements over the real instances. This paper tries to answer this question whether in the case of women the compensation more than one third of a man’s complete restitution should be halved or whether this rule is only true for soul [nafs] and it cannot be applied to arsh due to the lack of textual proof. Finally, to revive women’s rights, it is suggested that the restitution of women be calculated on the basis of the hexagonal cases of restitutions for example for women on the basis of the value of two hundred cows and for men on the basis of the value of one hundred camels.