compensating damage to beauty in Sunni and Imamiyyah jurisprudence with a review of judicial precedent
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
In case of bodily injury, whether intentional or unintentional, or simple mistake (pure mistake), the holy legislator )Holy Sharia, Allah as the law-giver) and according to it the legislator, has determined the limb retaliation, the limb blood money or corporal crimes compensation, or its benefit. However, compensation for beauty is not explicitly stated in the statute, and the recovery of injuries along with the ugliness of the face has not been explained, and there is no document on whether beauty is a benefit. Therefore, it is not known whether it is possible to claim compensation for the loss or decrease in beauty, in addition to the fixed blood money of the limb, or where the limb does not have the fixed blood money, is it possible to receive corporal crimes compensation or more than that or not? To answer these questions, reference was made to the library sources of Sunni and Shiite jurisprudence with a descriptive-analytical method. And it became clear that Sunni jurists consider " destruction of benefit and destruction of beauty" together or separately from each other as the cause of blood money or corporal crimes compensation. And in the Shiite jurisprudence, the early ones have not explicitly addressed this issue, and some of the later ones believe that it is not possible to claim compensation due to beauty defects, and some have believed that there is a distinction between the limb that is entitled to specified blood money. The result is that one of the reasons for the existence of limb blood money and blood money of limb benefits in Sharia is decrease or loss of beauty, and this is assumed without being explicitly stated in the law.
Keywords:
Language:
Persian
Published:
The Judiciary Law Journal, Volume:88 Issue: 126, 2024
Pages:
115 to 138
https://magiran.com/p2794024
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