رویکردی انتقادی به نابرابر دیه ی جراحت نافذه ی زنان با مردان (موضوع ماده ی ۷۱۳ قانون مجازات اسلامی): مبانی و ضرورت تساوی

Penetrative injury is one of the injuries which the legislator has mentioned in the fourth book of the Punishment Code: ''it's an injury which occurs by sinking of a tool like spear or bullet in hand or leg; the blood money for men is one tenth of a complete blood money and for women there is a “Arsh". Interestingly, the legislator has determined the sanction of this blood money as a complete blood money while in women it is just an Arsh. The foundation of this view is based upon some of the jurisprudents; however, contemplation in jurisprudential references shows that a group of other jurisprudents believe that blood money of penetrative injury is same for men and women. This essay examines the arguments of the two sides by a descriptive-analytic method. Then, it tries to prove the weaknesses of the view believing in an Arsh for women, it shows that the focus of the Islamic law is on the point that the blood money of penetrative injury is equal for men and women (both one tenth).