نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و حقوق، دانشگاه شهرکرد، شهرکرد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Samhaq is the fourth type of head and face injuries (Shajaj) whose blood money is equal to four camels equal to four hundredths of the full payment. In clause (t) of article (709) of the Islamic Law, the legislators defined Samhaq as an injury that reaches the thin skin on the bone. This short definition is not up-to-date, nor is it accurate or stable enough. This is despite the fact that in many accidents and disputes, the forensic organization is faced with the commission of such a crime and should report its commission to the judicial authorities. Considering the frequent occurrence of this injury in society and its considerable cost, it seems necessary to explain its nature in an up-to-date and accurate manner. For this purpose, in addition to referring to jurisprudential and narrative sources, the basis of the realization of this injury in medical science should also be studied. Based on this, it is necessary to examine and carefully consider several points to understand the nature of Samhaq. First: Does used weapon have a special character and subjectivity in the realization of Samhaq? Secondly: What is meant by the membrane on the bone and under what name is it called in medical knowledge today? Thirdly: In order to get a comprehensive idea of this injury, it is necessary to carefully examine the elements that make up the nature of Samhaq from the point of view of jurists. This article explains the library data by using the descriptive-analytical method, and the result is that Samhaq is an injury that cuts the thin membrane on the bone (periosteum).However, it doesn't tear it up, and no special invasive device is involved in its realization
کلیدواژهها [English]
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