Doubt on the subject of crime in Islamic jurisprudence and punishment in 2013
Subject Areas : فقه و مبانی حقوقkazem mohebian 1 , Nasrin Karimi 2 , Ismat al-Sadat Taba al-Taba'i 3
1 - Azad University
2 - Faculty member of Qom Azad University
3 - Academic Organization of Qom Azad University
Keywords: criminal subject, Doubt, punishment,
Abstract :
Abstract In this article, we discovered that in the Iranian penal system, the provisions of both the former Islamic Penal Code and the Islamic Penal Code of 1392, introduced the issue of the hesitancy of a murderer between certain or non-deterministic individuals, and that the most difficult stage of crime was the crime It is a trial because the reasons for proving the crime are not always clear and as contradictory as each other; the suspicion created by the crime proving that which perpetrator is the real killer is a glimpse of a detailed science and the science in which it belongs Science has been questioned.In the fall of qisas in cases of doubt in committing a crime, there is a consensus among the jurists, but it is different about the responsibility for paying dividends. The famous comment of the jurists is the payment of the penniless and damnable damn by all the defendants, and some jurists believe that the payment of Diyat by Beit Elmal and some also believe that the payment of Diyat by deceivers is oaths and some also believe in paying Diyat through the lottery .
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