The Place of Emotion and Mental Disorder on Behavioral Vesponsibility (with the Approach of Imami Jurisprudence and Psychology)

Taat, Zahra; Mahdavi, Mohammadhadi; Heidari, MohammadAli

Volume 8, Issue 1 (2023) 2023, 8(1): 14-23 | Back to browse issues page

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Taat Z, Mahdavi M, Heidari M. The Place of Emotion and Mental Disorder on Behavioral Vesponsibility (with the Approach of Imami Jurisprudence and Psychology). Quran and Medicine 2023; 8 (1) :14-23
URL: http://quranmed.com/article-1-741-en.html

The Place of Emotion and Mental Disorder on Behavioral Vesponsibility (with the Approach of Imami Jurisprudence and Psychology)

Zahra Taat¹, Mohammadhadi Mahdavi ^*², MohammadAli Heidari³

1- PhD Student, Department of Jurisprudence and Basics of Islamic law, Najafabad Branch, Islamic Azad University, Najafabad Iran.
2- Assistant Professor, Department of Jurisprudence and Basics of Islamic law, Najafabad Branch, Islamic Azad University, Najafabad Iran (Corresponding author). , h110mahdavi@gmail.com
3- Assistant Professor, Department of Jurisprudence and Basics of Islamic law, Najafabad Branch, Islamic Azad University, Najafabad Iran

Abstract: (298 Views)

Lack of specific definition for mental emotion and disorder in Feqh, inconsistency of the term “periodic insanity” and the definition of insanity in psychology have made it vague to determine responsibility boarders of behavior. Therefore it is important to review the genesis factors of mental thrill and disorder. Emotion is a state which is caused by outer factors of a person in order to reflect danger or show feelings. On the other hand, mental disorder is caused by inner factors and malfunction of brain. The main question of this article is the relationship between criminal and civil responsibility and mental disorder and emotion. To answer this question it is assumed that the case study person has no criminal responsibility, because he/she has no ability to recognize between good or bad. Also due to the lack of validity of these people’s contracts, there would be no contractual responsibility for them and only non-contractual responsibility is fixed for them. Because of the proper function of brain, for the emotional person-just for the emotion to reflect danger-there is no criminal responsibility. In other cases, there will be a solution for criminal and civil responsibilities.

Keywords: emotion, Feqh, insanity, psychology, mental disorder, responsibility

Full-Text [PDF 547 kb] (134 Downloads)

Type of Study: Research | Subject: Special
Received: 2023/03/13 | Accepted: 2023/04/26 | Published: 2023/09/2