Answer
Jurh:
(1) whoever causes on any part of the body of a person other them the head or face a hurt which leave a mark of the wound whether temporary or permanent is said to cause jurh.
Kind of Jurh:
1. Jaifah and
2. Ghayr-jaifah
1. Jaifah:
Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.
Punishment for jaifah:
Whoever by doing any act with the intention of causing hurt to a person or with the knowledge that he is likely to cause hurt to such person, cause jaifah to such person, shall be liable to arsh which shall be one-third of the diyat and may also which may extend to ten years as ta’zir.
2. Ghayr-jaifah:
(i) Whoever causes jurh and does not amount to jaifah, is said to cause ghayr-jaifah.
(ii) The following are the kinds of ghayr-jaifah:
(a) Damiya means injury with any weapon, on any part of body, except head or face in which skin is ruptured and bleeding occurs.
(b) Badiah means injury with any weapon on any part of body except head or face by cutting or incising the flesh without exposing the bone.
(c) Mudihah means injury with any weapon on any part of body except head or face by lacerating the flesh.
(d) Mudihah means injury with any weapon on any part of body, except head or face or in which bone is exposed.
(e) Hashima means injury with any weapon on any part of body, except head or face resulting in fracture of a bone without disclosing it.
(f)Munaqqiah means injury with any weapon, on any part of body except head or face resulting facture and dislocation of bone.
Punishment of Jaifah is provided in substituted Section 337-D, and punishment for Ghair-Jaifah is provided in Section 337-F The basic punishment for Jaifah is Arsh and the offender may he awarded imprisonment as Tazir, Jaifah is a grievous injury “seas some Ghair Jaifah are grievous and some spiral hurt. All Jaifah hurt are punishable with Daman and the offender may be awarded imprisonment as Tazir.
Punishment of Ghair — Jaifah:
Whoever by doing any act h the intention of causing hurt to any person, or with the intention causing hurt to any person or with the knowledge that he is likely cause hurt to any person causes:
(i) Damiya to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to one year as Tazir.
(ii) Badi’ah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to three years as Ta’zir.
(iii) Mulalahimah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to three years as Ta’zir.
(vi) Mudiha to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to five years as Tazir.
(v) Hashimah to any person, shall liable to Daman and may also be punished with imprisonment of either description for a term which may extend to five years; and,
(vi) Munaqqilah to any person, shall be liable to Daman and may also be punished with imprisonment of either, description for a term which may extend, to seven years as Ta’zir.
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