analysis of organs equality term in healthy in organ nemesis

majority of imamiye jurists believe that in organs nemesis (or tarf nemesis)equality of both organs in healthy is necessary. they say that healthy organ vis-àvisunhealthy organ is not retribution. however in the opposite case, they has notcommitted to this judgment. scilicet, they say that unhealthy organ vis-à-vishealthy organ is retribution.the legislator in the islamic penal code (approved1392) by accepting this theory in part “d” of article 393 has provided: “ in organnemesis other than the general conditions of nemesis, the following conditionsshould also be observed: …d) not to be retribution of healthy organ against theunhealthy organ.” this theory had been discussed in the islamic penal code(approved 1370) under article 274 by this phrase: “healthy organ vis-à-visunhealthy organ is not retribution.”authors with analysis the majority word and measurement it conclude thatdocumentation provided is not intended and sufficient for proving this claim. webelieve that mere equality in name of organs is adequacy and for retributionequality in specifications of organ is not necessary. although this theory is againstthe view of majority of imamiye jurists, but some contemporaries as well asconsistent with our theory. also this view, unlike competing quote, is consistentwith generals of nemesis evidences and the basic rules in nemesis chapter demandit.