Emergency willful murder from the perspective of Fiqh and the law
Subject Areas : فقه و مبانی حقوق
Ashraf Abdolmaleki
1
,
Ahmad Moradkhani
2
1 - دانشگاه پیام نور
2 - Islamic Azad University, Qom
Keywords: Willful killing, reluctance, abortion, Emergency,
Abstract :
Emergency means misery, and poverty. Whenever one find himself in pressure and pinch that force him to commit a crime to protect his at risk life or property or those of others, while no one is forcing him to commit the unlawful act, he is considered distressed or in emergency. There are similar concepts to emergency that should be differentiated. The present paper attempted at studying all the issues related to the nature, principles, reasons, and conditions of emergency as well as stating whether the issue of emergency is a right or a warrant. Committing murder in emergency situation is not specifically dealt with among jurists; however, some jurists have discussed this issue beside other legal issues. There is no rule or procedural law in this regard in Iran’s penal code. However, many lawyers do not accept emergency a license for murder as they do not accept reluctance a license for murder. Relying on the principle of "Lataqiyah fedema", most jurists do not accept emergency a license for murder. According to this principle, killing another person is inadmissible, because the reason for the obligation of reservation is preserving lives. Therefore, saving a life is more important than doing an obligatory action or prohibited action. The present study aimed at stating the views of jurists and lawyers with a comparative perspective regarding emergency willful murder; finally, it will come to the conclusion that emergency is not a license to kill someone both from the view point of lawyers and the jurists.
