پژوهش تطبیقی حقوق اسلام و غرب (Sep 2023)

A Comparative Study of Compensation for Physical Injuries in Iranian and England’s Law

  • adel sarikhani,
  • mahdi sharifi

DOI
https://doi.org/10.22091/csiw.2022.6493.1999
Journal volume & issue
Vol. 10, no. 2
pp. 77 – 96

Abstract

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In many countries today, specific frameworks have been established to recognize physical injuries and provide compensation for bodily harm. These frameworks, in line with criminal policy objectives, aim to deter future harm and ensure compensation. This paper employs an analytical and descriptive approach to examine this issue within the criminal justice systems of Iran and England, exploring the conceptual differences in the recognition of bodily injury and the provision of compensation in both legal systems. The present research reveals that in the Iranian legal system, the compensation for bodily injuries is based on the concepts of "diyyah", "arsh", and "government", while the English legal system evaluates and calculates compensation based on tariff systems, consideration of the function of body parts, the lost enjoyment of life, and the valuation of human life and the quality of life years. Both legal systems strive to realistically calculate and compensate for bodily injuries.

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