The Rule of Blood Money for Fractures: A Reflection on the Distance between the Popular View and the Islamic Traditions

Referring to religious texts like different parts of the narration of Dharif ibn Nasih, Imamiyyah jurists extracted a principle based on which the bone fracture of the organ having a definite blood money will have one-fifth of that organ's blood money if not recovered. If it is fully recovered, it will have four-twenty fifth of the blood money for that organ. This rule has been inserted in article 569 of the Islamic Penal Code, as well. Nevertheless, there are certain intricacies on the scope of the rule and its religious and jurisprudential evidence which makes it a challenging one to hold. A contemplation on the evidence of the rule for the blood money of fracture, on Imamiyyah jurists' articulation, reveals that the extraction of this rule from the tradition narrated from Dharif, given the different parts of this tradition, faces some serious challenges. Yet, this paper proves that if, due to any possible causes such as legislative requirements, we were to offer a rule concerning bone fractures, some other parts of the tradition narrated from Dharif can come to help and give us firm grounds to introduce a rule according to which the bone fracture of an organ with determined blood money, if recovered without flaw, will have one-fifth of that organ's blood money. If not recovered or in the case of incomplete recovery of the fracture, due to the lack of a religious determination, Arsh will be prescribed.