A critical view on the definition of damiya in jurisprudence and Islamic Penal Code With a convergent attitude to the principle of statute quality

Damiya is regarded as the second kind of injuries to head and face (shajaj). The jurisprudents have showed the various definitions regarding this injury which all of them can be summarized in three general definitions. With reflecting the famous jurisprudents` definition in paragraph" b", article 709 Islamic penal code, the Iranian lawmaker has considered damiya as a injury that " is entered into the meat a little while more and less flows blood." Critical analysis of the different jurisprudential viewpoints on the definition of this injury and a hesitation over the content of the above article, raise a doubt about the statutory definition of damiya. When such these doubts become more tangible and ordered that in criticizing and reviewing the jurisprudential and legal opinions, the principle of statute quality has been considered as a new institution in regard with examining the nature, originality and formality of enacting the statute. Hence, in this paper, with analyzing the jurisprudents` various outlooks at the definition of damiya, in view of the principle of statute quality, it will be tried to present a definition for damiya which have all the qualified statute indicators while showing fidelity to the ijtihadi method in criticizing jurisprudential propositions.