فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: Arash is a type of blood money that is not predetermined in the law. According to this definition, if commit a crime causes pain in the victim's organs and limbs, is it possible to determine Arsh for the pain? The legislator of the Islamic Republic of Iran has not taken an explicit position in this regard. While in most quarrels, regardless of any damage, the victim's limbs are usually injured. Legislature’s silence and lack of research resources in this field on the one hand, and a lot of members suffering in the society, on the other hand, make it necessary to write an independent research about the feasibility of determining the Arsh for pain. Materials and Methods: This descriptive-analytical research was done in a library method by using original jurisprudential and legal sources. Conclusion: After explaining the various forms of causing pain following the crime, it has been proven that if the pain is in such a form that can be considered as a non-discontinuous complication, it causes Arsh based on Article (708) of the Islamic Penal Code. But if the pain is intermittent and very transitory that it cannot be considered as a disease or complication, although some religious texts can confirm to determine Arsh for it, but adhering to determine Arash in such an assumption, especially considering the capacity of current laws, faces serious challenges such as the executive challenge of evaluation and dispensation.