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Paper Information

Journal:   MEDICAL FIGH QUARTERLY   FALL 2015-WINTER 2016 , Volume 7 , Number 24-25; Page(s) 67 To 100.
 
Paper: 

EXECUTION OF RETALIATION IN KIND FOR DAMAGE TO FUNCTIONS OF EYE (SIGHT) BY MEANS OF LASER

 
 
Author(s):  ALISHAHI GHALEHJOUGHI ABOLFAZL, KHEIRATI MOGHADDAM GHASEM, MOHAMMADZADEH MOJTABA
 
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Abstract: 

One of the punishments that has existed in the human community since late is retaliation in kind. The main characteristic of retaliation for damage to functions, is identity of criminal act perpetrated and the retaliation provided as a result of such act. Such retaliation in kind shall not jeopardize the life of the criminal and shall allow sustainment of the equivalent of the crime perpetrated by the criminal.
There are cases in which the criminal damages the sight of the eye without damaging the eye. Some Islamic jurists and law experts believe that retaliation in kind is not applicable to such cases and commute the punishment to blood money. Such decision to impose blood money rather than retaliatory destruction of the eye is based on the lack of equivalence and equality between damage to sight and destruction of the eye and also the possibility that loss of the life of the criminal may result.
On the other hand, advancements of the field of medicine and related equipment have largely made it possible to execute retaliation in kind using laser as a precise and powerful tool with an important role in ophthalmology. Such retaliation in kind can be executed by the specialists. The necessity of this research lies in the fact that due to street affrays and acid throwing, the damages imposed on the eyes have become very serious, and that because the lack of said equivalence has caused retaliation in kind is not executed for crimes involving eye and the same to be commuted to blood money, although both blood money and retaliation in kind are provided by shariah.
Given blood money in such cases is not equivalent to retaliation in kind, and due to lack of the conditions for the execution of retaliation in kind, it is commuted to blood money, now the question is why blood money is imposed while the requirements provided by the law for the execution of retaliation in kind is in place? This research was carried out using an analytic-descriptive method and having studied and reviewed the grounds of the views concluded that the decision of the execution of retaliation in kind by means of laser can be rendered for the criminal damages to the function of the eye (sight).

 
Keyword(s): RETALIATION IN KIND, EYE, INTERESTS, EYE INTERESTS, RETALIATION IN KIND FOR FUNCTIONS OF AN ORGAN, LASER
 
 
References: 
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Citations: 
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APA: Copy

ALISHAHI GHALEHJOUGHI, A., & KHEIRATI MOGHADDAM, G., & MOHAMMADZADEH, M. (2016). EXECUTION OF RETALIATION IN KIND FOR DAMAGE TO FUNCTIONS OF EYE (SIGHT) BY MEANS OF LASER. MEDICAL FIGH QUARTERLY, 7(24-25), 67-100. https://www.sid.ir/en/journal/ViewPaper.aspx?id=509433



Vancouver: Copy

ALISHAHI GHALEHJOUGHI ABOLFAZL, KHEIRATI MOGHADDAM GHASEM, MOHAMMADZADEH MOJTABA. EXECUTION OF RETALIATION IN KIND FOR DAMAGE TO FUNCTIONS OF EYE (SIGHT) BY MEANS OF LASER. MEDICAL FIGH QUARTERLY. 2016 [cited 2021August05];7(24-25):67-100. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=509433



IEEE: Copy

ALISHAHI GHALEHJOUGHI, A., KHEIRATI MOGHADDAM, G., MOHAMMADZADEH, M., 2016. EXECUTION OF RETALIATION IN KIND FOR DAMAGE TO FUNCTIONS OF EYE (SIGHT) BY MEANS OF LASER. MEDICAL FIGH QUARTERLY, [online] 7(24-25), pp.67-100. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=509433.



 
 
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