Critical attitude to contradicting underlying of legislator about eruption tooth of victim of crime before and after retaliation: (articles 413 and 415 Islamic Penal Code Act 1392)

Eruption tooth of victim of crime before and after retaliation is one of issues concern to crime on teeth that Imamiyah Jurists express various theories about it. Hereupon, legislator has adopted two different attitudes in articles 413 and 415 Islamic Penal Code Act 1392.  According to article 413 eruption tooth before retaliation caused that retaliation not enforcement and condemn criminal to paying Arsh[PB1] [PB2]  and based on article 415 eruption tooth after retaliation entail not responsibility for victim of crime. Whereas juristic opinion – Fatwa - that considered as criteria is equal in them and it necessitate above – mentioned articles to be consistent. This research that writed through a descriptive – analytic method, disregard to contradict one of mentioned articles to criteria juristic opinion, consequently to be necessary it reform.