Critical Examination of the Jurisprudential Grounds of the Blood Money for Penetrative Cheek (Critical Analysis of Note 3 of Article 709 of the Criminal Code)

In remark 3 of article 709 of the Islamic Punishment Code, the legislator put: ''if the offence on the cheek is in a way that shows inside the mouth, one fifth of full blood money is necessary''. However, there is no consensus on this point among Imamie jurisprudents because some of them believe that this type of blood money is only one tenth of full blood money. They are different and it is an important point because the abandonment of each of the two perspectives will have a significant effect on the amount of blood money. The case is exacerbated when we observe that both groups refer to some valid traditions. Therefore, it requires a content investigation to settle this issue.

Content investigation has its own complexity, however, based on a descriptiveanalytic method, and utilizing verbal reasons and the procedure of the jurisprudents, in this way, it examines the jurisprudential foundations of the third remark of article 709 of the Criminal Code.

The result of the discussion and reviews suggested as modifying the remark of the article is that whenever a cheek is exposed to injury, it is necessary to determine blood money at a rate of one-tenth of the full blood money.