List of Articles Qisas

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Retaliation of the murderer man for killing a woman from the the Qur'an and hadithspoit of view
  MAHDI ZANDI gholamreza radmehr
  10.30495/jijl.2022.67803.1550
  According to Imami jurisprudence, if a man intentionally kills a woman, then the woman can retaliate by paying half a diyat to the man. This sentence, in addition to the fact that the ransom is conciliatory in premeditated murder and requires the consent of the killer, More

  According to Imami jurisprudence, if a man intentionally kills a woman, then the woman can retaliate by paying half a diyat to the man. This sentence, in addition to the fact that the ransom is conciliatory in premeditated murder and requires the consent of the killer, is sometimes problematic in practice; Because sometimes a woman is not able to pay the ransom and the killer is not willing to compromise; As a result, a woman's blood is exposed to waste. There are several ways to solve this problem, including the equality of male and female retaliation, the payment of a woman's ransom from the treasury and not recognizing the ransom, and the possibility of forcing the killer to pay half of the ransom. In this article, the first and second ways are reviewed and the third way is proposed.In verse 32 of Surah Ma'idah, the Holy Qur'an emphasizes the sanctity of human life with a beautiful interpretation and considers self-murder as one of the greatest sins, and legislates the guarantee of retribution and blood money to prevent its commission as punishment for criminals and compensation for some damages. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - An analysis & new point of view for the word nemesis in 622 article of the penal law established at 1392
  Seyed Ali Rabbani Mousaviyan Roghayeh Nasiri
  Abortion is said to be either deliberate or self-embryo extinction before being able to live outside the womb. One of the kinds of abortions is the intentional abortion of the fetus. There is a dispute between the Islamic jurists and the lawyers about the punishment of More

  Abortion is said to be either deliberate or self-embryo extinction before being able to live outside the womb. One of the kinds of abortions is the intentional abortion of the fetus. There is a dispute between the Islamic jurists and the lawyers about the punishment of this type of abortion. The famous jurisprudents consider it punishable as  Qisas , as the Islamic Penal Code of 1370 has also stated on this basis. In the New Penal Code of 1392, this term  is ambiguous. In this research, it has been tried to reveal this ambiguity with an analytical review of the word qisas in Article 622 and to explain the correct view. Meanwhile, in the introduction, there is a brief glance at the laws of other countries on the issue of abortion and, while providing statistical information on this, will clarify the position of Iran's laws in discussing abortion with the laws of other countries. Findings of the research suggest that  like many countries , Iranian domestic laws, considering the impact of religion and human aspects, , except in certain cases, do not allow this practice, and also shows that the purpose of the term "qisas" according to the evidence Legal evidence and jurisprudential principles.  Contrary to the famous point of view,  there  should be  Qisas against the full fetus whose soul has been blown in, not  one against the mother, as the famous  Islamic jurisprudents  point out this view. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - The consequences of changing the gender of couples in issues of Qisas and diyāt
  Sayyed mohammad Hoseini
  10.30495/iifs.2022.695080
  Aim: Since in the Islamic legal system, men and women are retaliated against each other, the main purpose of the present study is to answer the question: what effect does a change in the gender of the criminal or the victim have on Qisas and the amount of diyā? Method: More

  Aim: Since in the Islamic legal system, men and women are retaliated against each other, the main purpose of the present study is to answer the question: what effect does a change in the gender of the criminal or the victim have on Qisas and the amount of diyā? Method:  This research applies the descriptive-analytical method and analyzes the arguments of Imamiyyah jurists.  Findings: The findings of this study indicated that in the issue of diyā, gender change does not make any difference in the diyā that was determined as the responsibility of the person before this, but diyā after gender change is calculated according to the new gender. Regarding Qisas, if a woman commits a crime that requires retribution before changing her gender, gender change does not affect her Qisas.  But if the perpetrator of the crime is a man and next of kin of the slain person asks for his Qisas, he must pay the difference in diyā, and after that the sentence of the murderer will be executed. If there is a delay in the execution of the sentence of Qisas and the gender of the killer is changed to a woman, then there are two possibilities for Qisas. Conclusion: According to the correct probability, after the gender change, the murderer's sentence, which was proportional to his gender, will be proportional to his new gender. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  4 - Investigation of Repeated Punishment of Deprivation of Life in Imamieh Jurisprudence
  Mohammad Mohseni Dehkalany Esmaeil Qandvar Bijarpas
  10.22034/ijrj.2019.665204
  In the penal system of Islam, the punishment for some crimes is the deprivation of life of the offender. These punishments have a considerable scope in terms of "Hadd", "Tazir" and "Qisas". Some other crimes include punishments that typically and in accordance with thei More

  In the penal system of Islam, the punishment for some crimes is the deprivation of life of the offender. These punishments have a considerable scope in terms of "Hadd", "Tazir" and "Qisas". Some other crimes include punishments that typically and in accordance with their nature and common law cause the offender to be deprived of life. "Stoning" in adultery and "Hanging" in Moharebeh are examples of the mentioned punishments. But if in the two mentioned cases, the usual and common punishment, does not lead to death of the offender, is the punishment repeated? Or that re-execution of the punishment for deprivation of life requires an independent reason?  The author believes that in crimes, for which the punishment is death or deprivation of life, if the punishment does not lead to death of the offender, the legitimacy of re-enforcing the punishment is not eliminated. But penalties normally cause death, if in a case, accidentally, the common result is not obtained, re-execution of the punishment is not legally acceptable. This theory is in conformity with the original rules of punishments and Interdiction rule.  Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  5 - Interference Decrees in the Crimes Subject of lex talionis (Qisas) Envisaged under Islamic Penal Code Adopted in 2014
  Elnaz Minoei Babak Pourghahremani
  10.22034/ijrj.2019.665208
  One of the notable innovations in the Islamic Penal Code Adopted in 2014 concerns its attention to ‘Interference of Crimes’ which is known as the ‘Interference of Reasons’ under Islamic Jurisprudence denoting different and various intentional cri More

  One of the notable innovations in the Islamic Penal Code Adopted in 2014 concerns its attention to ‘Interference of Crimes’ which is known as the ‘Interference of Reasons’ under Islamic Jurisprudence denoting different and various intentional crimes perpetrated with a single or multiple strikes by the criminal to the victim. The mentioned law, over the 2nd chapter of the Book of lex talionis (Qisas), elaborates the issue of ‘Interference of Crimes’ aiming to obviate the legal vacuum. Although in the occurrence of crimes the main prevalent principle is non-interference of reasons but, in some specific cases the interference of reasons has been accepted as such that whenever multiple crimes are perpetrated by the criminal against the victim through a single strike, interference of reasons has happened, when various crimes occur through various strikes and the interference of reasons happens if the strikes are done consecutively; otherwise, no interference of reasons is envisaged. Manuscript profile