A comparative study of the crime of premeditated murder in Islamic jurisprudential religions and the Iraqi Penal Code with emphasis on its punishment
Subject Areas : فقه و مبانی حقوق
Syede parisa Andak
1
,
Seyed Ali Rabbani Mousaviyan
2
*
1 - MA.Criminal Law and Criminology, Islamic Azad University, Islamshahr Branch, Islamshahr, Iran.
2 - 2Assistant Professor, Department of Islamic Jurisprudence and Law, Islamic Azad University, Islamshahr Branch, Islamshahr, Iran
Keywords: Retribution of the soul, Execution, Fifty-five jurisprudential religions, Iraqi penal code, Intentional homicide,
Abstract :
One of the most important crimes among crimes, but also the most serious, is premeditated murder, and the punishment for premeditated murder in Islamic jurisprudence is called retribution for jurists. In the jurisprudence of Islamic religions, there are many commonalities in this issue, and only sometimes they disagree on the elements of retribution. The present study tries to analyze the method of sharing and differentiating the punishment of premeditated murder from the point of view of the jurists of khamseh religions and the Iraqi penal code by analytical and descriptive method and by library method and determine the effectiveness of the Iraqi penal code from these religions. Findings indicate that the punishment for premeditated murder In Islamic jurisprudence and in Iraq it is considered one of the three punishment of life imprisonment or temporary imprisonment, execution and life imprisonment of execution. In Islamic jurisprudence, the main punishment for premeditated murder is retribution, and in Iraq, the main punishment for intentional homicide in temporary or permanent imprisonment. In special cases, the death penalty is punishable by death, although these are the most common forms of murder deliberately included. Meanwhile, the president is an exception, and according to the Iraq penal code, the initial and unconditional punishment for the executioner has been set.
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