A Critical Inquiry into the Jurisprudential Foundation of Article 665 of the Islamic Penal Code (A Critique of the Theory of the Blood Money of the Left Testicle being more Than the Right One Based on Religious Texts and the Medicine)

Many Imamiyeh Jurists have considered the blood money for the testicles as an exception to the principle of pair and single organs, and hence, have considered a more blood money for the left testicle than the right one. Article 665 of the Islamic Penal Code, following this group of jurists, has adopted the same procedure. This assumption, one the one hand, is the result of the reference to some religious texts in which a more blood money for the left testicle has been cleared, an on the other hand, the result of refraining from the principle of pair and single organs and an exception to that based on some particular traditions. However, advocates of this view are not of the same type; they have some disagreements about the amount of a more blood money. These disagreements have been discussed under the title of ''two thirds and one third'', ''two third and a half'', ''one and a half'', ''Sheikh and the Youth'' and all originate from traditions of the chapter. However, more jurists believe in the equality of the two testicles in their blood money. In this essay, by a library method and a descriptive-analytic approach, we discuss all jurisprudential views and their reasons in this regard and, in the end, will choose a theory which, on the one hand, accords essential jurisprudential principles, and on the other hand, accords medical achievements.

Please cite this article as: Sadeqpur MJ, Zargarian T, Fatemi Nia Y. A Critical Inquiry into the Jurisprudential Foundation of Article 665 of the Islamic Penal Code (A Critique of the Theory of the Blood Money of the Left Testicle being more Than the Right One Based on Religious Texts and the Medicine). Iran J Med Law 2019; 13(49): 167-194.