Study of quesas of alive executed in contradiction with justice rule
ZahraSadat Sohrevardi
1
(
university of Mazandaran/Babolsar/Iran
)
Saeed Ebrahimi
2
(
mazandaran uni
)
mohammad mahdi zarei
3
(
Faculty of Theology and Islamic Education mazandaran - babolsar
)
Keywords: Quesas, alive executed, execute the sentence again, rule of justice,
Abstract :
Study of quesas of alive executed in contradiction with justice rule Abstract In intentional system of Islam, surviving soul intention intention is one of basic intentions .where a respected soul is subject to abuse intention intentionally, quesas punishment is considered. If quesas of murderer is execution with rope of gallows , and after enforcing quesas sentence , criminal be alived , should be executed again or enforcing sentence again necessitates a reason and haven't legal validity ? Writers believe in this case changing quesas to Diyyah is nearer to actual verdict and criminal justice of islam. This sentence additional to requirement of principle of innocence and the rule of Dare , is harmonized with primary rules of punishments . In addition to the requirement of the principle of innocence and the rule of law, this sentence is also in line with the basic rules governing punishments.Given the principle of justice, it is necessary to review and change the penal code of retribution in cases where the death penalty survives.What is in accordance with the criminal justice of Islam requires that the death penalty not be reinstated, in addition to the fact that justice governs the rule of employment or other rules that say that a person should be retaliated against again.
