Investigating the spiritual element of the crime of Insult to the Prophet (s)

ardavan arzhang ¹ (Member of the Department of Jurisprudence and Law of Maybod University)
hosian haghani khah ² (meybod University, PhD student)

Submited date : 2021-06-07 accepted date : 2023-10-15

Keywords: intentional, spiritual element, Insult to Prophet, general intention, special intention,

Abstract :

The spiritual element, along with the legal element and the legal element, are considered as elements of criminal responsibility. The spiritual element of the crime (criminal intent) usually does not often have a physical appearance. The realization of this element is more important in some crimes, especially in the crime of Sabb al-Nabi, which is punishable by life. In the crime of blasphemy, the general intention is the will and intention of blasphemy and insult, which, of course, ridicule, anger, drunkenness and reluctance, are violations of this will and intention, and are partially the abolition of the death penalty. As for special malice, because slander is an insult, its specific intention is to insult the intention of humiliating and humiliating another. This study examines the jurisprudence of general and specific intent of this crime and has a critical look at the Islamic Penal Code.this crime and has a critical look at the Islamic Penal Code.