محمد نوذری فردوسیه

One of the most fundamental issues in Islamic criminal law is the issue of ta'zirat. The purpose of imposing these punishments is to maintain order and security in society and to ensure the social interests of the Islamic society. From the perspective of Islamic jurisprudence, the imposition of ta'zirat and determining its amount is the authority of the Infallible Imam, ruler, or judge, and accordingly, reductions in such punishments should also be available to them in the first place. A reduction in ta'ziri penalties can have significant individual, social, cultural, political, and especially economic impacts. The aspects of reducing punishment are the subject of Article 38 of the Islamic Penal Code approved in 2013, which have been examined in this study using a descriptive-analytical method. The findings of this research show that the jurisprudential foundations of reducing punishments are of two types: general foundations, which are the legislator's purposes for legislating, which include: divine nearness, worldly and otherworldly happiness, social, economic, and political justice. These principles are not only the basis for reducing punishments, but also, in a way, are considered the red line of all legislative provisions. The second type is specific foundations, which are themselves divided into three categories: Quranic, narrational, and rational foundations, and each is divided into two categories. The first group are the foundations that prove the desirability of the principle of reducing punishment from the perspective of Islamic holy law, and the second group are the verses, narrations, and rational arguments that prescribe reducing some punishments according to the specific circumstances of the criminals.

The injury to speech without damage to the physical structure of the tongue represents a significant issue within expert evaluations and judicial proceedings. The determination of diyah (reparations) for such injuries, from the perspective of Islamic jurisprudence and traditions, is based on the twenty-eight letters of the Arabic alphabet. There are several challenges and ambiguities regarding this ruling that require thorough examination. The applicability of Arabic letters as a standard for all languages, the total number of Arabic letters, the role of non-verbal elements, and the criteria for speech impairment or the loss of letters all contribute to the complexities of this issue. This study analyzes the existing challenges and provides conclusions. Accordingly, in all languages, the twenty-eight letters of the Arabic alphabet serve as the standard for determining blood money, except in languages where this metric cannot be applied; in such cases, the injury will be categorized as a subject of arsh (compensation). While the actual number of Arabic letters is twenty-nine, according to the traditions, the letter "alif" and the hamzah should be considered as one letter, resulting in the division of diyah into twenty-eight parts. There is no distinction between linguistic and non-linguistic letters in determining diyah and arsh for partial loss of speech; all letters equally contribute to the diyah. The criterion for the loss of speech is the ability to articulate letters, and diyah is determined based on this capacity, rather than the ability to produce speech.

Various evidences in Islamic law attest to the necessity of intention in aiding and abetting a criminal act considering it as an essential element in committing a crime without which it will be difficult to attribute criminal liability to a person and entitle punishment accordingly. This necessity in realization of abetting a criminal act is a source of disagreement among jurisprudents with Imam Khomeini being one of its opponents.  Whereas vastness of executive works in some actions requires involvement of some other factors for realization of perpetrator’s intension, it is necessary to delve into the issue. This is because the abettor under the influence of the perpetrator’s deceit, or to avert threat, or with an intention of doing good may take action to be accused of committing crime in spite of the absence of an intention but due to entitlement as abetting a criminal act. Findings of this paper, developed through a descriptive-analytical method and library documentation, indicate that the rule on existence of an intention for committing a crime is preferable. A review of Imam Khomeini’s Viewpoints, despite sufficiency of evidence and emphasis on the role of common law in determining complicity in crime, shows his tendency to accept such preference. Therefore, in some cases where intention is absent, the title of complicity in crime and entitlement of punishment may be removed.

Various views have been proposed about the relationship between jurisprudence and civilization. Jurisprudence is considered responsible for the happiness of the hereafter, and civilization is considered responsible for livelihood and worldly happiness. On the other hand, many thinkers believe in the compatibility of jurisprudence and civilization with two different approaches; There is an approach that believes in the passive compatibility of jurisprudence with civilization; In the way that jurisprudence changes along with social, economic and political changes, but not a change that is born from the internal discourse of jurisprudence, but whatever the opposite discourse produces, jurisprudence surrenders to it, and another approach believes in the active compatibility of jurisprudence with civilization. ; That is, the relationship is a one-sided relationship, not one-sided; Just as civilization can be affected by jurisprudence, jurisprudence is also affected by civilization and progresses along with civilization. In this view, jurisprudence can create various systems needed by the Islamic society to reach the new Islamic civilization. In this research, by analyzing and criticizing and evaluating different approaches, the Mukhtar approach, which means the active adaptation of jurisprudence and civilization, and extra-jurisprudential and intra-jurisprudential methods to reach a civilization-building jurisprudence, are proposed.

The issue of usury in Islamic banking is always familiar with late payment penalties. Therefore, to get rid of this problem, various theories have been proposed. In this research, analytical-descriptive methods have been used to investigate the solution to get rid of the usurious nature of late payment. Some jurists have come up with solutions to solve the jurisprudential problem of late fines and consider it as Shariah. But what has been neglected is that many legal scholars do not have the possibility to use this general capacity of the country, which is the Muslim right of the members of the society, due to the fatwa of their authority regarding the sanctity of late fines. Based on the results of this study, it is possible to disqualify a significant part of the religious people who, based on the fatwa of some Imami and Sunni jurists, regarding the sanctity of late payment fines, from receiving bank facilities such as loans, Murabahah and Jaalah. For this purpose and in line with distributive justice in the discussion of resource allocation, it is possible to propose this important and practical policy to the central bank, which is in accordance with Shia and Sunni jurisprudence, a new version of bank contracts in which methods such as the allocation of late crimes to expenses If the charity is expected, prepare and communicate it to the banking network.

The time value of money is one of the most important issues in economics which is less studied from a jurisprudential and legal point of view. The present money has more value than the future money according to this theory. Some Islamic economists have denied it and others have accepted it. Dissidents of the theory consider its contents as grounds for justification of usury but the supporters of the theory believe that the prohibition of usury is contrary to the theory and is merely a compulsory rule. The source of this disagreement is ignorance of two things in our opinion. First, the monetary value of time and the time value of money are assumed to be the same, and second, that the arguments in the field of probative of theory are not separated from those of its imperative (demonstrative) domain. We have evaluated the validity of the theories’ content in this article by a descriptive and analytical method in addition to explaining the distinction of the monetary value of time and time value of money, on the one hand, and on the other hand we have investigated the extent of its function. There is numerous evidence of jurisprudential and legal doctrines that shows that contrary to common thought, the content of the theory is valid from a jurisprudential and legal perspective, but the study of the extent of the theory indicates that is not possible to make profit and interest by relying on this theory according to the division of economic contracts into for-profit and nonprofit that the time value of money is only in the form of exploitative and profitable contracts such as sale (Arabic: بیع, Bayʿ) and in non-profit contracts such as lending (Arabic: قرض, Qarḍ), which are basically based on benefaction (Arabic: إحسان).

In Islamic legal theory (uṣūl al-fiqh), various principles assist a jurist in deriving Islamic laws from their sources. One such principle is ‘‘the principle of the presumption of continuity,’’ (istiṣḥāb). This article discusses istiṣḥāb in the course of the historical development of Islamic legal theory among Sunni and Shīa schools of thought. After reviewing the early sources of Sunni and Shīa scholars on legal theory, this article investigates the constructive contribution of Shīa and Sunni works concerning the formation and evolution of istiṣḥāb; an attempt which may, in part, serve to resolve the Shīa – Sunni quarrel about the formation and evolution of Islamic legal theory as a whole. This study concludes by acknowledging the Sunni scholars’ role in the invention of istiṣḥāb, followed by the stagnation era, and on the contrary, the adoption and development of istiṣḥāb among Shīas.

The issue of non-halal therapy is one of the important topics of medicine in Islamic societies, which is necessary, to be examined from a jurisprudential point of view. Prohibiting the use of taboos and complying with Shariah rules sometimes make the patient face difficulty and difficulty in treatment. Based on this, the question is raised, how the legitimacy of non-halal therapy can be justified by referring to the rule of "Hardship brings ease?" In what case does it become the basis for a therapist's license? While criticizing and examining the arguments of the opponents of non-halal therapy, the legitimacy of therapy in two stages of the patient's difficulty in accessing and using halal was examined. The presence of obstacles such as sanctions, hoarding of medicine and its supply at exorbitant prices, lack of a same-sex doctor or exorbitant costs of visiting a same-sex doctor makes it difficult for the patient to receive halal treatment. Also, sometimes the type of halal treatment may cause the patient to face difficulties in the treatment due to some reasons. In this article, while accepting the basic principle of halal treatment and prohibiting haram treatment for patients who have halal medicine easily available to them, with reference to verses, narrations and rational evidences, the causes of the patient's suffering and the ways outof the resulting losses have been investigated.

The thinking method of this research is descriptive-analytical and the library data collection method was carried out using Shia and Sunni jurisprudence books.

Ethical Considerations:

 In all stages of writing, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.

Fear of use, lack of permission and excuse in access to permission are among the examples of difficulty and embarrassment in treatment.

The fear of death, organ failure, exacerbation and spread of the disease are among the losses that the removal of such losses causes to replace solutions in treatment; which, despite its original sanctity, its sanctity is negated by referring to the rule of "Hardship brings ease".

A treaty is an agreement that Muslims make when they stop fighting the infidels. This research, which has been written by descriptive analytical method, has organized its discussions based on this hypothesis by stating the nature of the treaty. Based on Islamic jurisprudence, a treaty with infidels is permissible in the first sentence and in some cases it becomes obligatory due to expediency. The conclusion of this research is that from the point of view of some Islamic scholars, including the Supreme Leader, the necessary condition for the principle of concluding a treaty in Islam is to bind it to expediency and time. And the condition for continuing to adhere to it is to observe the interests of the Islamic society and to be intelligent and vigilant against non-Muslims and to continuously monitor the survival of the terms of the treaty and not to violate it by other parties.

Review :Following the example of the great men of Islam, the founders and activists of the field of unity and rapprochement of Islamic religions, an effort was made to prevent division and hypocrisy among Muslims and for religious coexistence and collective identity in the new world system and the necessity of unity in Islamic society. To be one of the topics discussed and considered in jurisprudence, entitled "Jurisprudential principles of the rules of divisiveness among the Islamic Ummah" and to examine the rules and rules of jurisprudence on this issue; By referring to religious sociology and according to historical evidence, divisions and differences cause the disintegration of societies and nations.In the knowledge of jurisprudence, the important issue of preventing division and leading to the rapprochement and unity of different religions has been considered to the extent that the great jurists have made every effort to ensure that the ruling of sanctity is inferred from the principles of jurisprudence. To create divisions, differences and obligatory rulings for unity and rapprochement between religions, and with this, to take a big step towards creating unity and preventing divisions and dualities, and as a result, have a tremendous impact on the convergence and cohesion of Muslims in Islamic society. . This article is organized by library method, descriptive, theoretical analysis and content matching.Keywords: principles, jurisprudence, rules, divisiveness, Islamic society, unity, approximation.

 Guidance prohibition and its related issues have been proposed by scholars of the principles of jurisprudence, and they have discussed the signs and examples of this issue. The present article, which has been written in an analytical-descriptive method, has organized its discussions based on two hypotheses by stating the nature of the instructional ban;First, the criteria for recognizing the instructional prohibition are different from other prohibitions, and secondly, the instructional prohibition has effects such as proving the Shari'a ruling, corruption of action, and discovery of the status quo. The result of this research is that the criterion of guidance is to observe the expedient duty and prevent him from being in the worldly corruptor and practical harms that are forbidden from it, and for this reason, committing it has no afterlife. In addition, the effect of prohibitive guidance, whether it is guidance in detail, conditionality or obstruction, and whether it belongs to worship or transactions, is corruption.Keywords: Prohibition, Guidance, Expediency, Corruption, Imami Jurisprudence

Surveillance in the crime of murder, which facilitates the realization of the crime, is one of the examples of the vice and is punishable from the legal point of view due to the theory of the metaphor of the guilt of the vice from the main crime. And from the point of view of jurisprudence, based on the existing traditions, the punishment of blinding the eye is foreseen for the watcher. But in the case of a supervisor who does not guard, the famous jurists do not consider any responsibility towards the supervisor. While assuming the existence of a legal duty and leaving the legal duty on the part of the supervisor, the order of criminal liability is undeniable. On the other hand, if there is no legal responsibility, by measuring the state of the observer in relation to the victim, it is possible to prove the order of criminal responsibility through being a deputy and causation. And by referring to the rule of "sanctity of helping the wrongdoer" and based on the rule of "tazir for the sake of forbidden things", the possibility of punishing non-custodian supervisors is proven. In this research, an attempt has been made to prove the criminal responsibility of the non-observer in the crime by examining different theories, so that the realization of crimes and social harms can be prevented by taking appropriate action from those present at the crime scene.

One of the important pillars of the theory of proximity of Islamic denominations is the belief in the religious brotherhood of Muslims. Some muhaddith and jurists of the Imamiyyah deny Islam and the opposite faith, because of the denial of guardianship, as one of the main principles of religion or one of the necessities of religion, they consider religious brotherhood as stable only for the followers of Najiya Sect. The present study, by using library studies and content analysis method, seeks to examine and verify the accuracy of the arguments presented by the owners of this view, because the jurisprudential explanation of religious brotherhood will be effective in the way of interaction and social lifestyle of Muslims. The findings of this study suggest that the majority of the arguments presented by the proponents of the denial of religious brotherhood with the opposition are either distorted in terms of the text and the document, and their application has been rejected by the Imamiyah jurists, or because of the special implication of the claim in question. As the majority of Imamiyyah jurists consider the religious brotherhood with the opposition to be established by proving Islam and different levels of faith.

According to most of environmental experts, the main reason for the Enviromental crisis is due to some legal defects that cause conflicts of interest in implementation of environmental laws and regulations. Meanwhile, in the light of the provisions of Article 2 of the Law on Environmental Protection, some governmental agencies which are in charge of the environmental protection are one of the main parties to this conflict. The solution to this problem can be reached through reviewing the provisions of Article 2 which has delegated the legal structure and status of the most important custodian of environment, The High Council of Environmental Protection, to an Intra-Departmental and Inter-Ministerial Administrative Council. In this context, some governmental agencies have preferred the interests of the ministry over the environmental interests of the country, whose decisions and approvals in the field of environment are drawn within the framework of the government's short-term economic interests, and in practice, environmental laws and regulations are overshadowed by these interests. Based on the rule of Prohibition of Detriment the position of this council should be upgraded from the Administrative Council within the branch to an inter-force (between Executive, Legislative, and Judiciary Forces) and governing council. This can be an effective step in resolving conflicts of interest and in implementing environmental laws and regulations.

Apostasy is one of the challenges of monotheistic religions, and religion, while emphasizing the acceptance of Islam and faith, forbids disbelief and apostasy. A number of punishments have been considered for apostates in jurisprudential texts. Apostasy is not just a matter of words; its realization requires the existence of conditions of religious obligation, such as reason and will. However, maturity as one of the general conditions of religious obligation in the occurrence of apostasy is the place of disagreement among jurists. Among those who consider maturity as a condition for the realization of apostasy, some have limited themselves to religious maturity and they have not considered intellectual maturity and the expression of Islam after puberty. This issue is so important that its result affects directly the lives of newly matured juveniles and it can put an end to doubts and disagreements about not observing of the rights of this group in Islam. The result of the research shows that maturity is a necessary but not enough condition in the realization of apostasy, and the purpose of Islam in this matter is true Islam; the subordinate Islam alone is not enough. The present research has been done in a descriptive-analytical method with reference to library sources.

According to most experts of the environment, a major part of the environmental crisis in Iran is due to the failure of some environmental laws and regulations, which has created a conflict of interest in the implementation of environmental laws and regulations. In the meantime, in the light of the content of Article 2 of the Environmental Protection Law, some government organizations are considered as one of the main interested parties in the conflict of interests in the implementation of environmental protection laws against the national interests of the country since they are themselves in charge of environmental protection and are permanent members of the High Council for Environmental Protection and are the highest oversight and decision-making authority as well as the undisputed power of policy-making in all aspects of environmental affairs. In this descriptive-analytical study, the most appropriate, least costly and fastest solution for this crisis, which is caused by the failure of some formal environmental laws, is examined, including Article 2, which has provided the basis for selective and discriminatory implementation of laws and regulations. Thus, according to the jurisprudential rule of "La Zarar (no harm)", which is also the content of Article 40 of the Constitution, by reviewing the content of Article 2 of the Law on Environmental Protection, the position of the Supreme Council for Environmental Protection has been upgraded from an internal administrative council to a supranational council. The result is the elimination of conflicts of interest in the implementation of environmental laws and regulations and the proper management of the environmental crisis in the country.

Our country is dealing with an undeniable environmental crisis which has overshad- owed both the physical and mental health of people and the political, social, and eco - nomical security. Part of this crisis is caused by the mismanagement and unlawfulness of some of the government agencies due to conflicts of interest between ministerial interests and national interests, and the other part is the inefficiencies in some of the structural and formal laws concerning the Environmental ProtectionAct which in itself provides the ground for different conflicts of interest. Therefore, in order to overcome this crisis and environmental challenge in the country, which is a catastrophic threat, to achieve sustainable environmental development, and to a beneficial solution for all the involved parties, the modification of some formal articles in the Environmental Protection Law is imperative. Article 2, is the most effective and low-cost solution with the quickest feedback. In this study, through the application of jurisprudential and legal principles, the opinions of jurists in the field of environment, and solid evidences, the necessary basis for revising Article 2 is provided by valid legal solutions. These solu- tions are presented with the aim of transforming the Supreme Environmental Council from a governmental administration to an inter-ministerial council between the three forces, in order to diminish the governmental monopoly over the Environmental Pro- tection Agency which in itself has the basis for conflicts of interest and a part of envi- ronmental crisis.

The family legal system in Islam includes the rights and obligations set by the Shari'a for family members, including husband and wife. One of the duties of a woman in the family is to limit the way out of the home. Various views have been expressed about this ruling. In general, there are two theories among Shi'ite jurists regarding the condition of permission for a woman to leave home. According to the famous opinion of jurists, a woman has absolutely no right to leave the house under any circumstances without her husband's permission and consent. And leaving without the husband's permission leads to the violation of marital duties. Based on the non-famous opinion, it is considered illegal for a woman to leave home without her husband's permission if it is against the right of husband’s sexual enjoyment. Therefore, if the husband travels or when the husband cannot have any enjoyment, wife may leave home without permission. Referring to and analyzing jurisprudential arguments, especially the verses of the Qur'an, this article seeks to prove that there is a third theory; that is the fact that it is obligatory for the wife to take the husband’s permission if she wants to leave home.  But he has to decide on the woman's pleas by following the popular rule and the interests of the family, which is beyond personal interest.

In many cases, there is no quantitative diya (compensation paid to the heirs of a killed person or to somebody who is injured) for injuries to the body organs, and compensation must be determined by the courts. Today, the methods proposed by jurists to determine the arsh (compensation specified for offences relating to various kinds of hurt or injuries) are associated with failure. Methods such as enslavement and obtaining the difference between the price of a defective slave and a non-defective slave, to determine the arsh, which in addition to the impossibility of execution has other drawbacks. The Penal Code also includes cases in determining the arsh that cannot be proven according to religious evidence. It remains to be seen whether there is an applicable method for determining Arsh among jurisprudential sources. This current paper intends to present the jurisprudential criterion for determining the arsh through examining the available sources. The study of the mentioned sources indicates that in the existing narratives, the determination of arsh from the amount of diya has been left to the wise. Since the method of calculation is not considered by the Shari'a, in order to realize the rights of the victim, the ruler, with the help of two trusted experts, must calculate the crime from the amount of the organ's diya in the most accurate way that the rights of the victim can be exercised. Of course, with the advancement of science, more precise ways to determine the arsh may be found, which is closer to the principle of justice and fairness, in which case such a method should be the criterion for determining the arsh. The calculation is based on the quantitative diya of the organ and the level of injury in terms of length, width and depth of injury, or the amount of crime in terms of the organ disability, emphasizing that the other sides of crime such as the amount of recovery time and its effect on health are not considered in the amount of the arsh. As a result, the criterion for determining the arsh is the characteristics of the crime and the injury and the quantitative diya of the organ.

In Islamic jurisprudence, there are concepts such as Erhab, Eghtial, Fatk, Baghy and Moharebah which although may not be completely synonymous with the notion of terrorism, due to being among the factors threatening the security and are considered to be examples of Munkar (anything denounced as evil), Islam opposes them. Accordingly, in political jurisprudence of Islam, moharebah, that is to say taking up arms in order to create fear and panic and depriving the people of security and comfort is criminalized and severe punishments are provided to tackle with it. In accordance with international instruments, widespread violations of fundamental human rights and freedoms, including political repression and social discriminations are regarded be fundamental causes of violent acts which are criminalized and generally are called terrorism. Western countries, with a broad interpretation of terrorism and following the Additional Protocol I to 1949 Geneva Conventions, have considered the struggles of the liberation movements as an international armed conflict and have accepted fighting against them in the form of terrorism. The authors, through a descriptive-analytic and comparative method and a library-based approach in collecting sources, while expressing the view of Islam and international instruments on terrorism, are seeking to prove that based on the view of Islamic law, the struggles of liberation movements in the form of Islamic jihad are  defensive actions to realize the truth, repel the oppression and eliminate sedition, and confront oppression and arrogance and are right-oriented.

Accepting the oppressor's rule, in spite of the emphasis of religious texts on its prohibition, has been permitted in some cases and such permissibility is either based on religious texts or in accordance with certain rules admitted by Islamic jurists. In the present paper, through referring to jurisprudential texts, it has been concluded that cases of permitting the oppressor's rule  are wider than the cases mentioned in the texts or which have been considered as instances of the general rules. Accepting the oppressor's rule  with the purpose of enjoining the right and forbidding the wrong, provided that without accepting the authority proposed by the oppressor, complying with these two divine obligations won’t be possible, is one of the most important cases which, although not mentioned in religious texts and not being in accordance with the general rules established in jurisprudential texts, is regarded as a cause of the admissibility of accepting the oppressor's rule and has been admitted by the vast majority of famous Islamic  jurists. The present paper has dealt with the criteria relied upon by Islamic jurists in authorizing the acceptance of the oppressor's rule in the above said case and by criticizing and reviewing it and the arguments of opponents, has achieved another way to solve this problem.

The legislator in Article 683 of the Islamic Penal Code, as it is known, considers half of the diya (blood money) in the hearing loss of a person with one hearing ear. The only person who disagrees with this view is Ibn Hamza al-Tusi. He distinguishes between deafness for criminal reasons and non-criminal and congenital ones. By studying the principles of most of the jurists’ viewpoints, it was concluded that the fatwa to halve the full diyat on hearing in both ears has weak basis or reasons and the claim of the jurists on the non-inclusion of narratives in the other main benefits of the person’s body – based on the multiplicity of benefits and the mere attribution of the benefits to extreme strength and weakness - confirms this fact. In addition, most of jurists’ viewpoints on the diya of hearing implies a full diya in total hearing. However, a person’s hearing may be weak or strong. In addition, while rejecting the possibility that the fatwa of Ibn Hamzah was comparative, it became clear that the narrative on which the possibility of comparing hearing to sight, was related to the eye, not sight. In addition, in that narrative, there is no distinction between blindness for criminal and non-criminal reasons. Therefore, in determining the diyat for the complete hearing loss, the narratives consider the full diya, and the case where the hearing of one of the two ears has already been lost because of a crime is beyond these narratives.

The method of profit and loss sharing in the civil partnership agreement is one of the existing challenges of the banking system. Article 11 of the civil partnership agreement of the Central Bank denotes that, the partner is obliged to pay the expressed interest even if it is not realized. Using a content analysis method, this paper analyzes the relevant jurisprudential views to determine the requirements of the partnership agreement. Many jurists believe that this type of profit and loss sharing is faced with jurisprudential problems, including opposition to the requirements of the contract. Another group of researchers believe that this type of agreement changes the nature of the civil partnership agreement and deprives the traders to the actual uses of the contract; whether stipulated in a partnership agreement or in an independent agreement; since the conventional wisdom or received opinion of real participation in profits and losses is a prerequisite for a company contract. In their view, since this effect is the result of the creation of a contract, its removal by an implicit condition or a necessary external contract makes it void and useless.

The retribution of the soul is predicted as the main punishment for deliberate crime against the physical integrity of individuals in the verses and traditions and consequently in Islamic jurisprudence and the law of punishment. The establishment and execution of the retribution of the soul is bound to exist. There are a total of four conditions in the jurisprudential and legal sources for establishing retribution for premeditated murder: equality in social status (religion and race), religion, gender, and general conditions of duty. Narratives that confirm the verdict of retribution and the payment of surplus blood money in cases of premeditated murder by a man have cited gender, namely male and female victimization, as important conditions for the retribution of the soul. Given that this religious denomination has been disputed today in Western scientific societies, especially among pro-feminist schools, it is important to address it. This article will review and critique the method of library and analytical-descriptive method of jurisprudential views on gender, and its impact on the retribution.

Speech is one of the benefits of tongue. In some cases, the crime of tongue is accompanied by a speech impairment. On the one hand, in Articles 611 and 613 of the Civil Code, the legislator has considered the unpronounceable letters in relation to all letters as the basis for determining the amount of diya (blood money) in the simultaneity of speech impairment and cutting of the tongue, according to most of jurists' viewpoints and in the last article, it is said that the diya is determined equal to multiple crimes. On the other hand, in Articles 545 and 546 of the Civil Code, in the subject of crime on its benefit and place, a higher diya has been set. The jurists' viewpoints differ in this regard, and in addition to the most of their perspectives, a small number of jurists considered the sum of the two diyas of speech and tongue as the criterion, and some believe that the maximum amount of diya of speech and tongue must be set. In addition, some have given the possibility that the criterion in determining the diya is the level of tongue that has been cut. The well-known viewpoint of the jurists and others is absolute in this regard, and in the fatwas, there is no distinction between a state in which there is a single and multiple criminals. The present paper, by evaluating the fatwas and their arguments, has achieved the innovation that the narrations under discussion have the weakness of a document or the shortcoming of arguments in the simultaneity of speech impairment and cutting of the tongue and the claimed consensus faces major and minor obstacles. Therefore, in order to determine the amount of diya in the simultaneity of speech impairment and cutting of a part of the tongue, the viewpoint about the maximum amount (of the diya of speech and tongue) in terms of practicing the arguments of diya of each speech impairment and cutting of the tongue was accepted and the criterion for the letters was considered to be all the letters of the language spoken by the victim.