Jurisprudential and legal challenges of intentional homicide caused by omission

Subject Areas :

Ahmad Beiramian ¹ , Abasali Akbari ²

1 - دانشجوی دکترای حقوق جزا و جرم شناسی، واحد تبریز، دانشگاه آزاد اسلامی، تبریز، ایران. [e-mail]
2 - . استادیار گروه حقوق جزا و جرم شناسی ، واحد تبریز، دانشگاه آزاد اسلامی، تبریز، ایران. ( نویسنده مسؤول). [e-mail]

Received: 2023-04-14 Accepted : 2023-07-02 Published : 2023-09-22

Keywords: Omission, Intentional murder, causation relationship,

Abstract :

Caution in the blood of Muslims is one of the Islamic principles of jurisprudence. This means that the perpetrator of the crime cannot be punished for the slightest reason, especially where the perpetrator does not do a positive act, but the legislator has a different story in Article of 295 of the Islamic Penal Code, and if there are circumstances, he can make the perpetrator guilty and attribute the result is assumed to him. This is against the fact that with regard to the omission of actions that lead to the death of the victim, with the mental element of intent, it becomes the crime of intentional homicide, and the punishment for it is qisas, and in conflict with principles such as caution in the blood of Muslims and the rule of Dar' and presumption of Innocence. Some jurists say that something without an object cannot be given an object, therefore, they have rejected the possibility of reference. Among the challenges faced by Article 295 of the Islamic Penal Code, the examination of the method of determining the causal relationship between the omission of the act and the harmful result, which, considering the various fatwas of jurists and the opinions of legal scholars, will make it difficult to establish the causal relationship. There are other challenges in this article that have made this article worthy of attention