چکیده:
One of the important topics in Islamic jurisprudence is the compensation for bodily harm. Because nowadays, on one hand, the consequences of financial loss from this type of injury are much heavier than in the past, and in most legal systems of the contemporary world, the person causing the injury is liable and responsible for compensating all losses resulting from this injury. On the other hand, in Islamic jurisprudence, there is 'Diyah' (blood money), which does not exist in other legal systems. Therefore, the question arises: In Islamic jurisprudence, is the person causing the injury liable for all consequences of financial loss resulting from bodily harm, or is their responsibility limited to paying the amount of Diyah, or if the cost and damage exceed the amount of Diyah, is the person causing the injury liable for a large amount? In this article, compensation for bodily harm has been examined according to the legal rules of Islamic jurisprudence.
خلاصه ماشینی:
[1] Examining the compensation for bodily harm in Islamic jurisprudence is important from several aspects: First, in non-Islamic law, there is no institution called Diya, and if damage and deficiency occur to a person's physical integrity, they can demand compensation for all losses resulting from this deficiency, such as medical expenses, unemployment, etc.
Consequently, considering these reasons and also the ruling of jurists on the fact that Diya is a debt upon the estate of the perpetrator (Imam Khomeini, 1/647), it can be concluded that Diya in Islamic jurisprudence is compensation and a right of people (haqq al-nas) that is paid to the injured person or his heirs, and the holder of the right to Diya can, like other cases of financial rights or damage, waive it or request its fulfillment.
Conclusion Although in Islamic jurisprudence there are reasons why, based on its generality, the person causing the injury can be considered liable for all financial consequences and repercussions resulting from bodily harm; however, considering the existence of the institution of Diya in Islamic jurisprudence and the emergence of the evidence of the chapter of Diya and the fatwas of jurists regarding the limitation of the liability of the person causing the injury to the payment of Diya, it can be concluded that in Islamic jurisprudence, the determination of Diya includes all damages incurred by the injured person, and he cannot combine Diya with other incurred damages such as medical expenses, etc.
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