Punishment of Kicking the Abdomen (Dous al-Batn) in Imami Jurisprudence
Kicking the abdomen in case of resulting in the discharge of urine or feces is one of the crimes discussed in Imami jurisprudence, which is referred to as "Dous al-Batn". The jurists disagree on the extent and manner of punishing such a crime. The famed of them believe that the punishment for a criminal in this case is retaliation or payment of one-third of the full blood money. This view is based on the Sokouni (stable) narration and the consensus of the jurists. On the other hand, some jurists believe in the absence of retaliation and the proof of measured compensation (Arsh). Analyzing the two aforementioned views and their arguments, the present article, has finally found the decision of measured compensation in accordance with the jurisprudential guidelines and has considered the view of those who believe in the permission of retaliation or one-third payment of the blood money to be incomplete. It has been concluded so due to the fact that the known documented narration is not capable of standing against the proof of measured compensation for reasons like the rarity of the issuance of such a decree and the probability of life risk for the criminal.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.