The Compensation for Spleen: a Criticism of the Precedent of the Supreme Court

Rupture of the spleen is one of the most common internal injuries caused by accidents which eventually leads to the removal of the organ from the victim's body. No special text on Jurisprudential sources of such compensation has come down to us. However, some general narratives suggesting full compensation of the single's body organs has been generalized by many Jurists to internal organs including the spleen. The Islamic Penal Code (2013. art. 563) also put emphasis on this criterion about internal organs. There was a great unanimity in the courts’ sentences regarding the interpretation of given article on damage to spleen. This disagreement led to the issuance of Order of Precedent N.740 by the General Board of the Supreme Court and as a consequence, lower courts were obliged to exclude the blood money of spleen from art.563. This essay, has discussed this comparative approach from the perspective of Imamiyyah Shiite and Sunnite Jurisprudence considering the jurisprudential principles and reasons relating to compensation of spleen and come to the result that the theory of spleen's full compensation has a stronger legal backing. Moreover, from a legal point of view, it is doubtless that given art also include the compensation for the spleen.