Qur̓ān va ṭib
(Quran and Medicine)
Volume 5, Issue 4 (2021)
2021, 5(4): 0-0 |
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Kalantari Khalilabad A, Shouri F. Analysis of Retaliation based on Signatures based on Verses and Hadiths. Quran and Medicine 2021; 5 (4)
URL: http://quranmed.com/article-1-566-en.html
URL: http://quranmed.com/article-1-566-en.html
1- Associate Professor, Department of Jurisprudence and Law, Meybod University, Meybod, Iran (Corresponding Author). , abkalantari@gmail.com
2- Instructor, Department of Law, Payame Noor University, Tehran, Iran
2- Instructor, Department of Law, Payame Noor University, Tehran, Iran
Abstract: (1194 Views)
Purpose: The aim of this study was to investigate retaliation based on signatures based on verses and hadiths.
Materials and Methods: The research method was descriptive-analytical.
Findings: The Holy Shari'a has legislated the punishment of retribution in order to protect social life and states that achieving criminal justice depends on respecting the rights of the offender, the victim and society. The rights of the offender are secured if the psychological element of the crime is established along with other elements; Therefore, "intent to commit a typically lethal act" can not be considered as one of the criteria for premeditated murder; Because according to the fundamental laws, intention does not mean cause in the absolute sense; Accordingly, in order to diagnose premeditated murder, it is necessary to examine all aspects, including the circumstances of the crime, the circumstances of the offender and the victim.
Conclusion: In the present article, by examining ijtihad, jurisprudential and legal evidences, it is concluded that the intention of a typically fatal act is the criterion of intentional murder if the victim was aware of the exposure of his act at the time of the crime; Therefore, emotional murders that are caused by unsteadiness of will, acute malice can not be considered as intentional retribution; In subconscious crimes, if it is not possible to carry out retribution to the extent of the crime, considering the purpose of retribution legislation, retribution should be allowed to a lesser extent than the crime rate.
Materials and Methods: The research method was descriptive-analytical.
Findings: The Holy Shari'a has legislated the punishment of retribution in order to protect social life and states that achieving criminal justice depends on respecting the rights of the offender, the victim and society. The rights of the offender are secured if the psychological element of the crime is established along with other elements; Therefore, "intent to commit a typically lethal act" can not be considered as one of the criteria for premeditated murder; Because according to the fundamental laws, intention does not mean cause in the absolute sense; Accordingly, in order to diagnose premeditated murder, it is necessary to examine all aspects, including the circumstances of the crime, the circumstances of the offender and the victim.
Conclusion: In the present article, by examining ijtihad, jurisprudential and legal evidences, it is concluded that the intention of a typically fatal act is the criterion of intentional murder if the victim was aware of the exposure of his act at the time of the crime; Therefore, emotional murders that are caused by unsteadiness of will, acute malice can not be considered as intentional retribution; In subconscious crimes, if it is not possible to carry out retribution to the extent of the crime, considering the purpose of retribution legislation, retribution should be allowed to a lesser extent than the crime rate.
Type of Study: Research |
Subject:
Special
Received: 2020/12/27 | Accepted: 2021/02/12 | Published: 2021/03/15
Received: 2020/12/27 | Accepted: 2021/02/12 | Published: 2021/03/15
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