The essentials of knowledge of subject matter (subjectology) and Islamic law require the independence of each article and its independent is when the subject matter is to be single and the ruling (Islamic law-hukm) is peculiar to it. While the detachment of a bone and the fracture of a bone are counted two separate concepts the equivalence in ruling and their equality based on Article 572 of Islamic Penal Code are arguable. From this point there is ambiguity in this article and it has been critically studied by the scholars. This note with descriptive-analytic method responses this question if fracture (the cracking or breaking) is a general concept which is among the other common concepts as its instances and a title refers to them or fracture (the cracking or breaking) besides instances related to it, all are different from one another and all instances are for a general concept that there is no relation to fracture because fracture is counted one of its instances of the general concept. It should be also investigated from the requirements of ruling if there is the equivalence in ruling and diyya (Arabic: دیة; blood money that has to be paid for homicide and bodily injury when there is no retaliation) also includes the detachment (separation) or there in no ruling equivalence and the detachment include arsh (Arabic: ارش; the compensation specified to be paid by the offender to the victim or his heirs) with considering that there is a substantive difference between the detachment of a small piece of a bone and the fracture of bone itself, it is logical that they should not have an equal legal ruling (hukm) and it is of the requirements of lawmaking and legislation if the concept is not of the “foundationary” (ta’sisi) and legal -Islamic law- concepts with applying the intellect (reasoning) methods to define it and because “fracture” is of the customary concepts, the conceptual formation of it has been presented.
Karami, B., & Karami, F. (2021). The Equality of the Detachment of a Small Piece of a Bone with Its Fracture in Islamic Penal Code. Criminal Law Doctrines, 18(21), 305-328. doi: 10.30513/cld.2021.1524.1250
MLA
Bahareh Karami; farzaneh Karami. "The Equality of the Detachment of a Small Piece of a Bone with Its Fracture in Islamic Penal Code". Criminal Law Doctrines, 18, 21, 2021, 305-328. doi: 10.30513/cld.2021.1524.1250
HARVARD
Karami, B., Karami, F. (2021). 'The Equality of the Detachment of a Small Piece of a Bone with Its Fracture in Islamic Penal Code', Criminal Law Doctrines, 18(21), pp. 305-328. doi: 10.30513/cld.2021.1524.1250
VANCOUVER
Karami, B., Karami, F. The Equality of the Detachment of a Small Piece of a Bone with Its Fracture in Islamic Penal Code. Criminal Law Doctrines, 2021; 18(21): 305-328. doi: 10.30513/cld.2021.1524.1250
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