Legal Jurisprudential Analysis of Bone Fracture Blood Money

The rule of bone fracture is oneof the rules related to the bone injuries blood money, which is mentioned as an example in some jurisprudential and narrative texts. This rule was proposed firstly in paragraph (c) of Article 569 of the Islamic Penal Code adopted in 2013. In this paragraph, the legislator considers bone fracture blood money of each organ as Four-fifths of blood money of breaking that organ, while bone breaking in two states,complete recovery and incomplete recovery,hasdifferent blood money. So the question for the authors is whether the bone fracture blood money is different in the case of complete recovery and incomplete recovery?

This research has been done in explaining the legal jurisprudential of the rule of bone fracture, by descriptive analytical method and referring to library sources, and in examining the judicial procedure related to determining the amount of bone fracture blood money, a survey method has been used.

In this paperit is concluded that bone fracture blood moneyis a function of its treatment status and is more compatiblewith jurisprudential and legal principles.The contents of the unanimous vote of No. 1398/09/19-782of the General Assembly of the Supreme Court of the country also confirm this matter.