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Analysis of the Rate of Fracture With Blackening of Teeth in Theories of Forensic Medicine and Jurisprudence
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Hossein Andalib    |
| Department of Islamic Studies, Qom Branch, Islamic Azad University, Qom, Iran , hoseinandalib@yahoo.com |
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Abstract: (2997 Views) |
The purpose of this research is to determine the rate of fracture with blackening of teeth. The importance of this issue is due to the fact that one of the issues in court cases regarding the determination of the dowry is the determination of the dowry for broken teeth accompanied by blackening. In the jurisprudential tradition as well as in the Islamic Penal Code, there is no specific provision regarding the determination of the doom for broken bones with blackness, and despite this judicial requirement, no research has been written about this. This has caused different opinions and viewpoints to be expressed in the judicial procedure and the opinion of the forensic doctor, and with reference to Article 619 of the Islamic Penal Code, the only penalty for blackened teeth is determined. This causes violation of the rights of the victims. Therefore, it is necessary to examine this issue from a jurisprudential and legal point of view. The innovation of the article is that by analyzing and re-examining the foundations and jurisprudential evidence, while criticizing the existing procedure, it presents a new point of view regarding the discussed issue. A point of view that aims to protect the maximum rights of the victims and is closer to criminal justice. The research method is descriptive and analytical. The result of the research is that the judicial procedure only rules for black money and does not provide for a broken tooth. It is not compatible with jurisprudence and legal standards and leads to the violation of the rights of the victims. |
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| Keywords: Reparation for broken teeth, Reparation for blackened teeth, Judicial procedure |
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Full-Text [PDF 631 kb]
(862 Downloads)
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Type of Article: Review Article |
Subject:
Medical Law
Received: 2022/09/13 | Revised: 2023/08/15 | Accepted: 2023/04/13 | ePublished: 2023/07/31
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