Studying Note 2 of Article 295 of the Islamic Penal Law

Subject Areas : Journal of Law and Politics

Ramin Poursaeid ¹ , Maryam Mohamady Nooghizadeh ²

1 - ندارد
2 - ندارد

Received: 2015-07-13 Accepted : 2015-07-13 Published : 2008-06-21

Keywords:

Abstract :

Homicide is considered the most grievous offence to a reasonable creature in which the offender ispunished and faced with severe penalty. But in some cases, people do something that makes themsubject to blood money nullification . This issue is treated in Islam as blood waste.From special proceedings of fatal offences, sole jurisdiction of the judiciary to arraign,prosecute and punish the accused as well as the principle of legality of the crime and therelative penalty and the right to counsel, we come to the conclusion that no one is rightfulto kill a person at the thought that his/her blood money is nullified. In case he does so, he issubject to retaliatory punishment and Note 2 of Article 295 with some specification isallocated to the wrong belief in the issue. With the omission or at least adaptation of thenote we are able to hinder some branches of the country’s supreme court to bring the wrongbelief in their judgement also pave the way towards more igorous proceedings by the judge.