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    • List of Articles کیومرث کلانتری

      • Open Access Article

        1 - Compulsive Murder in Shiite Jurisprudence
        kiyoumars kalantari morteza jalilzadeh
        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 More
        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. Manuscript profile
      • Open Access Article

        2 - Judicial and Legal Investigation of Murdering Arising from Uncertainty in Target with a View on Islamic Penal Code
        Kiyoumars kalantari Farshad shirzadifar
        Uncertainty or error in word means mistake, ignorance and unawareness. And in legal sense it means that the murderer targets an objective person but hits somebody else and kills him/her for any reason including lack of skill or involuntary causes. In respect to the impa More
        Uncertainty or error in word means mistake, ignorance and unawareness. And in legal sense it means that the murderer targets an objective person but hits somebody else and kills him/her for any reason including lack of skill or involuntary causes. In respect to the impact of error in target on nature of murder, it seems two modes should be distinguished: 1- If a person intends to shoot on a punishable thing, animal or person and his shoot would go wrong and hit a respectful one, in this case the murder is considered as pure error.2- If a person intends to shoot on a respectful one, but his shoot would go wrong and kill another respectful person, this case is assumed as intentional murder according to criminal rights logic. Regarding Shiite jurists view on error in targeting, most of them assume this kind of murder as pure error without distinguishing between shooting to a punishable or a respectful person. The same case is seen in Article 296 Islamic Penal Code (1370). Fortunately, by deleting old article 296 and registering Clause “D” Article 290, the new legislator has been trying to declare that error in targeting where both primary and final target are respectful persons, has no impact on the nature of murder (as according to Article 294, error in identity has no impact on the nature of murder) because if we accept that legislator’s goal is to protect each person not one or some specific one (s), then there is no difference who would be murdered at the end. The important point is that a respectful person is murdered so the murder is considered as intentional murder. Manuscript profile
      • Open Access Article

        3 - The Role of Time and Place on the Evolution of Ijtihad in Criminal Sentences of Islam
        Mahmoud Darvishtorabi Kiumars Kalantari Daronkola
        Diligence is a process to understand the religion, discover and infer the religious orders. After 6th century, the meaning and basis of diligence in Islamic law have been changed and a new idiomatic expression has been created in which probably based on that, friendly a More
        Diligence is a process to understand the religion, discover and infer the religious orders. After 6th century, the meaning and basis of diligence in Islamic law have been changed and a new idiomatic expression has been created in which probably based on that, friendly and traditionally called people of diligence. Among Traditional followers, the oldest text about diligence’s usage with this new definition apparently is the valuable book of “Almustasfi” by “Imam Mohammad Ghazali”, which had nominated wisdom as a tool and even a reference of diligence, even though among religious scholars who were according to them. They are living in obstruction age or monopoly of diligence. New idiomatic diligence could be known as in Helli’s certain phrase at the beginning of chapter nine of “The principle of ascension” that describes some articles in order to diligence’s truth. Diligence in jurists’ customs is effort in religious orders extraction, since religious order is not commonly gained from texts appearance, but getting to know them is based on theoretical rules as well as raising reasons. Nowadays, with attention to modernity, occurred situations or in the other word, time and place’s requirement, diligence goes over comparison and the rest of traditional references, in cases where there is a need for serious change, particularly punitive sentences, one should consider the rationale of religious, and customary rationality. Manuscript profile
      • Open Access Article

        4 - An Investigation of Judicial and Legal Principles of Murder Par Omission in the Law of Iran with a Consideration of the Common Law Legal System
        Hmzeh Baygi Harbagh Kumars Kalantari
        Most jurisprudents believe that murder by omission gives rise to liability for the doer of the action in case of intent and with the assumption of capability. Jurisprudents have studied murder by omission (failure to act) under different rules of jurisprudence, such as More
        Most jurisprudents believe that murder by omission gives rise to liability for the doer of the action in case of intent and with the assumption of capability. Jurisprudents have studied murder by omission (failure to act) under different rules of jurisprudence, such as the no loss principle, beneficence (Ihsan) and causation (Tasbib). There are, however, different comments on the issue. Despite  developments and changes established in the law of Iran at different legal periods, there was no clear regulation regarding the criminal liability of the person who failed to act (Tarik), until by virtue of paragraph 1 of the unified article the law for the refusal to provide assistance to injured persons and to eliminate the risks of life in 1354, this issue was subject to legislative prediction; on the other hand,  in 2013, pursuant to Article 295 of the Islamic Penal Code of 1392 and according to the present conditions in the aforementioned article, the person who failed to act is held to have criminal liability. In some countries, based on common law, the criminal liability of the person who refuses to act is relatively admitted; in countries under common law, omission is considered as a material element only when there is a legal requirement and responsibility to act and failure to act leads to the commitment of the crime. Manuscript profile
      • Open Access Article

        5 - Sexuality change and its Judicial examination
        Kiyomars Kalantari Nasibeh Ebrahimi
        With the progress of science and technology , there have been new problems that experts always  arguing and studying about it. One of these problems is the presence of  transsexual  individuals  that physicians and lawyers have taken into considerati More
        With the progress of science and technology , there have been new problems that experts always  arguing and studying about it. One of these problems is the presence of  transsexual  individuals  that physicians and lawyers have taken into consideration . These are persons who have healthy sex organ physically but their mental status is unhealthy, that is to say, they can’t accept their sexuality mentally; Men who follow ladies life and   womens who want to live like men. Transsexualism is a mental illness that leads to Sexuality change finally. Sexuality change of Transsexuals has effects that the jurists, lawyers and physicians are studying about Transsexualism illness , sexuality change and its results. In this article, the authors consider examination of sexuality change and its judicial examination. It  means what is Transsexualism? Is there possibility of sexuality change? and Is sexuality change a permissible matter or not based on jurist’s viewpoint?   Manuscript profile
      • Open Access Article

        6 - Analysing Criminology of Attempt to theft in Statutory law ant Islamic Law
        Kiyomars Kalantari Hossein Kalantari
        According to article 655 of Islamic punishment code which appoints" the punishment for attempt to the above – mentioned thefts in previous articles is up to 5 years imprisonment and up to 74 lashesh.", Attempt to thefts of the previous articles is known by super & More
        According to article 655 of Islamic punishment code which appoints" the punishment for attempt to the above – mentioned thefts in previous articles is up to 5 years imprisonment and up to 74 lashesh.", Attempt to thefts of the previous articles is known by super – crime article. Although the expression of previous articles ‘seemingly includes all the thefts mentioned in article 655 of Islamic punishment code but procedure unity vote issued by general board of supreme court of the country by number and date of 635 and 8/4/1378, respectively was issued in such a way that many of jurists by deduction of it, knew just attempt to thefts mentioned in articles 651 through 654 of that code as crime. In this paper, the writers by studying judicial opinions and suitable scientific interpretation seek to consider attempt to all thefts mentioned in Islamic punishment code including theft with prescribed punishment except theft which has come after the article 655 of Islamic punishment code as crime.                                                                                                                                 Manuscript profile
      • Open Access Article

        7 - Jurisprudential and legal review of the role of customs in the consumption of intoxicants (see article 264 of the Islamic Penal Code)
        meysam mosazadeh Kiyomars Kalantari Asghar Abbasi Ali ghorbani
        One of the crimes that is common among Islamic jurists is drinking alcohol, and the explicit text of the Qur'an indicates this ruling, but the issue that is always disputed among general and special jurists is what the examples of drinking alcohol are and what causes th More
        One of the crimes that is common among Islamic jurists is drinking alcohol, and the explicit text of the Qur'an indicates this ruling, but the issue that is always disputed among general and special jurists is what the examples of drinking alcohol are and what causes the Hadd is committed? Among the types of intoxicants, which cases cause drinking alcohol? According to the new materials that destroy the wisdom, what is the criterion for distinguishing intoxicants from the point of view of customs? Does the method of use also have an effect on the implementation or non-implementation of the Hadd? Is it customary to commit this crime only through drinking, or does the use of other means also prove this extent? Considering that the new Islamic Penal Code adopted in 1392 in Article 264 introduces new examples of the method of use such as smoking and injection; and being silent on the other hand, about the examples of intoxication, jurisprudential and legal study of the role of custom in identifying examples and methods of intoxication is essential. The conclusion of the research is that; firstly, there is no difference between solid and liquid intoxicants, and secondly, the use of artificial intoxicants causes a limit whether it causes intoxication or not. And third, in unconventional ways of consuming intoxicants, custom is the basis Manuscript profile