Loss of function of a bodily organ

Loss of function of a bodily organ

source :Osoul Global Center

Qisas cannot be applied in case of losing a bodily organ, instead the victim has to be paid indemnity. If the loss cannot be assessed, the punishment is determined by a judge.

Loss of function of a bodily organ

If the offender causes the loss of the function of a bodily organ, qisas, or equal punishment, cannot apply because it is practically impossible to determine the exact measure of punishment. Instead, he must pay the victim the full indemnity. If the offender causes partial loss of function, and the extent of loss can be properly assessed, the punishment can be in the same proportion of the indemnity, such as a half or one quarter. If the loss cannot be assessed, the punishment is determined by a judge. The function that may be lost totally or partially include the mind, hearing, sight, smell, voice, taste, chewing, sex, etc.[1]

references

  1. Al-Khatib al-Shirbini, Mughni al-Muhtaj, vol. 2, p. 62; al-Bahuti, Kashshaf al-Qina[, vol. 6, p. 37. 


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