A Second Thought on the Foundation and Construction of Art.669 of the Islamic Penal Code

Determining the amount of Mammary Gland Diah or Arsh one of the most important topics in the field of jurisprudence and islamic punishment law. The aim of this study is to explain the importance and consequently to clarify the task of the legal medical organization in the expert opinion of the crime on the Mammary Gland. Imamie Jurisprudents unanimously declared that the amputation of each of the feminine breasts will incur half of full blood money. However, there is disagreement over the amount of blood money when only the tips of the feminine breast is amputated; some declare that it will incur a full blood money and some believe that only one eights of a full blood money will be incurred, others declare Arsh for the incurred injury. Findings of the research suggest that jurisprudentially none other than Arsh could be prescribe. In addition, since the legislature did not construe the nipples as independent, we cannot ignore the absolute application of art. 669. Therefore, on a legal ground, the blood money for the nipples can be determined only based on the principle of the area. Furthermore, the designation of Arsh for the benefits of the nipples and adding it to the blood money for the amputation has no jurisprudential or legal justification.