چکیده:
The majority of jurists issued the Blood money (diyah) of totally removal of all eyelids as a complete diyah, but some issued five sixth of it. If just one eyelid is removed, one fourth, two third for upper eyelid and one third for the lower one, one third for upper eyelid and half for the lower one is mentioned. The origin of this disagreement is different understandings of the religious texts. Article 590 of the Islamic Penal Code is issued a complete diyah for total removal of eyelids, one sixth for each upper ones, and one fourth for each lower ones. The present research with descriptive-analytical approach, evaluated different views regarding this issue and concluded that none of them is provable. But applying evidentialist approach, which is the culmination of numerous probable evidences, the diyah of each eyelid can be calculated as one fourth of a complete diyah.
خلاصه ماشینی:
Theory of Full Diyah The majority of Imami jurists believe that if all four eyelids are lost following a single crime, one full diyah is established (Tusi, 1387, Vol. 7, p.
The method of reasoning from these narrations is also as follows: since both eyelids are considered a single organ, it can be believed that the eyelids are counted among the paired organs of the body; therefore, they fall under the first paragraph of the narration, and in the event that both are lost, a full diyah will be established (Shahid al-Awwal, 1414 AH, Vol. 4, p.
Theory of One-Third, One-Sixth (Two-Thirds and One-Third) Sheikh Tusi in the book Al-Khilaf and Ibn Idris in Sara'ir al-Mu'taqidin believe that in individual removal, the diyah of the upper eyelids is two-thirds of the diyah of the eyes and the diyah of the lower eyelids is one-third of the diyah of the eyes (Tusi, 1407 AH "A", Vol. 5, p.
Two. Among the theories proposed regarding individual removal, the theory of one-third and one-sixth (two-thirds and one-third) that Sheikh Tusi had proposed regarding the diyah for individual removal clearly lacks a solid jurisprudential foundation; because first, no consensus has been realized in this regard, but rather the famous opinion of the jurists is contrary to this view; just as the Sheikh himself expressed a different opinion in his two books, Nihayah and Mabsut (Tusi, 1407 AH "b", Vol. 5, pp.
When these texts are placed together and considered collectively, they express the general conduct and the spirit governing the weighing of diyah in Islamic Sharia; for example, in a narration from "Al-Ala bin al-Fudayl" quoting Imam Sadiq (peace be upon him), it is stated: «إِذَا قُطِعَ الْأَنْفُ مِنَ الْمَارِنِ فَفِيهِ الدِّيَةُ تَامَّةً...
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