Analyzing the similarity condition of retribution for head injuries from the point of view of jurisprudence and criminal law

The proportionality between the crime and the punishment is derived from the principle of justice in jurisprudence and criminal law, among other things, if the execution of the punishment of self-inflicted retribution has more severe effects than the crime committed, the execution is prevented. However, the scope of the aforementioned ban has not been well clarified due to the lack of a special research. The implementation of the condition of similarity in an organ such as the head, which has different dimensions in humans, as well as the observance of the area, length, width and height, is difficult, so that the execution of the excused retribution and the payment of the dowry becomes necessary, the observance of the right of the victim against the implementation Qisas and the right to life are in conflict with the observance of similarity in the execution of Qisas. How to observe the right of the victim against and the victim in the shadow of the conflict between these two rights is one of the rules of Islamic jurisprudence and accordingly the Iranian penal system, which legitimizes the adherence of the judicial authorities and the rights holders. The present study was conducted with the aim of reducing the application of this ruling and disambiguating the legislator's approach in the light of recognizing the rulings governing the mentioned issue and explaining the extent of its implementation by eliminating the conflict between two rights in one issue.