Investigation & Evaluation of the Impact of Utilitarianism in Murder on the Quality and Amount of Punishment for the Perpetrator

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

mohamad javanbakht ¹ , zahra tajarei moazzenei ²

1 - PhD Student, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
2 - Assistant Professor, Department of Law, Faculty of Humanities, Gorgan Branch Azad University.

Received: 2023-05-21 Accepted : 2023-08-14 Published : 2023-12-22

Keywords: ", Murder", utilitarianism", jurisprudence", , ", criminal law",

Abstract :

Homicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an attack by a crazy person, which are considered justified despite being intentional. It is to be noted that intentional murder is taking the life of another person life with malice. Regarding this crime, the primary victimized person, who loses life as the significant life capital, sometimes creates the grounds for committing the crime. As a result, they are the ones who motivate the murderer. Therefore, creating a favorable situation and conditions for committing a crime by the victim, which creates a dangerous situation for the murderer, and the one who inevitably commits the crime, makes the murder beneficial for the perpetrator. The present study aimed to elaborate the approach of Imamiyah jurisprudence and, accordingly, the criminal law related to the perpetrators of murder based on benefit. The results derived by descriptive-analytical study of related jurisprudence and legal sources indicate that the newly emerging criminological subject has been the focus of thinkers in Imamiyah jurisprudence and criminal law. Perpetrators of such criminal behavior are not considered blameworthy, and a permissive and sometimes reductionist approach is taken toward them. Moreover, this is what has been taken in the subject of criminal law.