Judicial Law Views Quarterly (Law Views)

The law of fracture diya is accepted by majority of Faqihs. The law states that bone fracture diya with recovery in diya limbs equals one fifth of amputation diya and, in case of complete recovery, is four fifth of that one fifth of amputation diya. The book of Zarif, as the main document of this law, is reflected in Fagihs books. A comparative study of fiqh statements with those in the book of Zarif, leads us to different laws than those mentioned by Faqihs, and this has been studied by some other Faqihs. In legislation, the criminal law has generally accepted this law in clause of 569, and in the process of implementation, based on the specialty needed to determine the degree of bone fracture, the clause of 136 of criminal procedure stipulates that the inspector should satisfy the experts in Legal Medicine Organization wherein defined laws already exist. In practice, there exist three viewpoints for fracture bone diya, that is, Faqihs statements, criminal law, and medical process. Besides practicing problems in legislation, they are in court. The present article tries to study this law, its reflection in the law, and examine solution for its implementation problems, and then some suggestions are presented.