Jurisprudential Analysis of Article 590 of the Islamic Penal Code in Determining the Amount of Eyelid Diya (Blood Money)

The eyelids may be completely and separately removed. The contribution of each of the upper and lower eyelids in the payment of diyat and also the amount of diyat for the complete removal of eyelids is one of the issues in which the jurists have disagreed. If the eyelids are removed, each of the eyelids separately considers the fixation of one third of the eye diyat in the upper eyelid and half of the diyat of the same eye in the lower eyelid. Well-known Imamiyyah jurists, in case of complete removal of eyelids, have considered full diyat and have commented on the amount of diyat for eyelids in case of removal of each eyelid separately to pay one-third of the blood money (Diya) in the upper eyelid and half of the blood money in the lower eyelid. This theory is also stated in Article 590 of the Islamic Penal Code. This view is based on the claim of consensus and documented in the narration. Many jurists have taken other positions after the controversy and rejection of the arguments of the famous view and according to the literally news (traditions or narrations or akhbar) in the assumption of the issue. In the present article, while criticizing and analyzing the existing views on the issue and by weakening the arguments of other statements, we have finally accepted the opinion of non-distinction in the payment of the diyat to the upper and lower eyelids. The opinion of the author is based on general narrations (narratives) and according to the diyat rule of the body paired members.