Compulsive Murder in Shiite Jurisprudence
Subject Areas : Private law
kiyoumars
kalantari
1
(دانشگاه مازندران)
morteza
jalilzadeh
2
(دانشگاه تهران)
Keywords: murder, Necessity, Factors Repulsive Responsible, Necessary Murder,
Abstract :
Necessary murder was not discussed specially among Jurists, but some of them debated to this subject, among are Jurisprudential issues for the commission of murder and they said necessity isn’t license to commit murder. Their main reason is Rule of La Taghiyeh Fi Dema. However, they accepted to this general rule and in some cases, they allowed murder committed in necessary condition. One of these exceptional required the general conditions that among them we can pointed to the certainly death danger for person in necessary condition, person in necessary condition doesn’t has out law (Yaghi and Baghi), the murder commission was permitted until existence of necessary condition. Cases that necessary murder is authorized consisted of: 1- murder as necessity to food belonging to another person. 2- Necessity for killing fetus that has Soul. 3- Duress to murder. 4 Necessary murder in contention duties at crowd out important 5- Necessary murder for protecting of important person’s life. In this article, we tried to making clear every one of mentioned above cases with leaning on the religious jurisprudence texts.
