Criteria for distinguishing murder from the perspective of five Denominations

Subject Areas : Nameh Elahiyat

sara Akhundi ¹ , Younes Wahed Yarijan ² , Muhammad Rasul Ahangariyan ³

1 - PhD student in Jurisprudence and Fundamentals of Islamic Law at Semnan University
2 - Faculty member of Islamic Azad University, North Tehran Branch
3 - Faculty member of Tehran University

Received: 2020-11-04 Accepted : 2020-11-04 Published : 2019-10-23

Keywords: Premeditated murder, quasi-premeditated murder, erroneous murder, five religions,

Abstract :

The present article has been done by descriptive-analytical method with the aim of examining the criteria for distinguishing murder from the perspective of Khamseh religions. It is a method of collecting library information. The jurists of the five religions comment on the criteria, forms and instances of intentional, quasi-intentional and erroneous murder. Consequently, the divisions they provide for each are studied and then compared and compared. The five well-known jurisprudential religions (Imamiyya, Shafi'i, Hanafi, Malikiyah, and Hanbaliyah) disagree on the issue of murder and its types based on the criteria set for each type, despite their commonalities. To be. In this article, first the famous opinion or consensus of Imami jurists about the criteria and forms of intentional, quasi-intentional and erroneous murder and consequently the divisions they have provided for each and then the views of the jurists of each of the four Sunni religions about Those criteria have been considered and its distinction has been examined, because the type of murder is determined based on the distinction criterion, and the criminal responsibility of each is determined.