A Comparative Reflection on Erroneous Contagious and non-contagious Injuries in Jurisprudence and Criminal Law (A Criticism and Correction Proposal for the article 539 of the Islamic Penal Code)

Different injuries could be the result of a single blow or various ones. Assuming such blows are contagious or non-contagious, no more than four assumptions would be conceivable. 1) None of the injuries are contagious. 2) All of the injuries are contagious and lead to a new crime. 3) Some of the injuries are contagious and could end in a more severe injury. 4) Some of the injuries are contagious and could end in the injured death. In line with jurisprudential principles and regarding the issue of blood money, the legislator has ruled to multiplicity of ransoms (article 538 of the Islamic Penal Code) and the interference of ransoms (on the clause B of article 538 of the Islamic Penal Code). Likewise, to enact the law for determining the method of the blood money in the assumed above-mentioned third and fourth assumptions has been stipulated in the continuation of clause B, article 539 as: " If death or amputation or any more severe injury are due to the contagion of some kind of injuries, the ransom of contagious injuries interfere with the whole body full ransom, or member ransom, or greater injury while the ransom for non-contagious injuries are calculated separately and thereupon the ruling is issued". Although, regarding the third assumption, the legislator's ruling is in accordance with jurisprudential principles, the legislator's law-making are criticized severely regarding the fourth assumption.  Using a descriptive-analytical method, the present paper is to investigate the issues regarding the fourth assumption based on separation of single blow and multiple ones, either successive or no-successive. The researchers prove that contrary to the related article, if some injuries are contagious and the inured dies, the whole body full ransom is merely required to be paid and there is no obligation to calculate non-contagious injuries, unless the blows are knocked repeatedly and in some intervals.