Retribution

Open Access Article

1 - Relationship between the kinship of the murderer and murdered and the decision of the avengers of blood in premeditated murder (case study of premeditated murder cases in Tehran province)
shaghayegh akbari ghasem ghasemi nasrin mehra Mohammad Ali Mahdavisabet

10.30495/jlap.2022.20569

According to Iran's Penal Code, in intentional murder cases requiring retribution, the authority to determine the punishment is entrusted to the avengers of blood and since decision’s type can fluctuate, from retribution to forgiveness, it is very important to the More

According to Iran's Penal Code, in intentional murder cases requiring retribution, the authority to determine the punishment is entrusted to the avengers of blood and since decision’s type can fluctuate, from retribution to forgiveness, it is very important to the factors related to avengers of blood ' decision-making. In every judicial case, there is a complex structure of situations and social relations that predict how to deal with that case and guide decisions about it. It seems that the avengers of blood ' decision is influenced by the social structure of the case and the different social structure of the cases causes a difference in the outcome of the cases. social structure of cases was used . The present research is conducted by Survey method and observation technique and Chi-square and Phi Kramer correlation tests were used. The statistical society is premeditated murder cases in Tehran which one- hundred cases were selected by convenience sampling method. According to the research findings, there is a significant relationship between the decision of the avengers of blood and the kinship of the murderer and murdered and in closer kinship relationships, there has been a greater tendency to give freely and receive blood money. The findings also showed that, out of 43 married murderers, in 32.6 percent, spouse and in 14 percent, the family of the spouse or lover was killed, therefore there is a significant relationship between the murderers being married and the murder of couples with a significance level of 0.001. Manuscript profile

Open Access Article

2 - Paying Blood Money by the Criminals in the Organ Transplants after the Retribution
Ali Akbar Aref Ghasm Aref

The present juridical study investigates the adequacy of paying blood money by the criminals in the organ transplants after the retribution. The study used a library research method. Hence, after the introduction, the recent views about the issue were discussed separate More

The present juridical study investigates the adequacy of paying blood money by the criminals in the organ transplants after the retribution. The study used a library research method. Hence, after the introduction, the recent views about the issue were discussed separately. Finally, based on the progress in the area of organ transplants, theviewpoint of “separation” between the case in which the crime of the criminal is the mere cause of the amputation and in the case of the crime in which the crime of the criminal in the incident is the cause of loosing the murder victim’s organ was discussed. According to the first assumption of the theory, paying blood money is adequate and in the second assumption, the right of the victim for demanding mutilation again is changeless and fixed. Manuscript profile

Open Access Article

3 - Criticism and Chek of Citatiom Narrated by Eshagh Ebn Ammar on the Ruling Organ Transplant after Retribution
Ghasem Aref Aliakbar Aref

The present study investigates the method of citation by the jurists that is based on the reference of IshaqibneAmmarabout the verdict of organ transplant after the retribution. In doing so, this library research after the introduction and reviewing the present views on More

The present study investigates the method of citation by the jurists that is based on the reference of IshaqibneAmmarabout the verdict of organ transplant after the retribution. In doing so, this library research after the introduction and reviewing the present views on the issue, challenges the different views. Finally, the study verifies referring to this citation and concludes the theory of generalization of the amputation of the criminal’s transplanted organ relating to the criminal. Despite the famous view of the jurists, the present study brings up the details between the agent of the crime and the ambiguity of the crime for amputation.   Manuscript profile

Open Access Article

4 - A comparative study of the crime of premeditated murder in Islamic jurisprudential religions and the Iraqi Penal Code with emphasis on its punishment
Syede parisa Andak Seyed Ali Rabbani Mousaviyan

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 commonaliti More

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. Manuscript profile

Open Access Article

5 - An approach on the replacement of organ donation in retribution in Iran's legal system
abbas dehghani alireza asgari

Organ donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that ca More

Organ donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that cause the least amount of suffering to the offender. According to some jurisprudential and legal arguments and inferences, the issue of organ donation has been approved and many people donate their organs to the needy every year. Therefore, the issue of donation and of course retribution through donation, which takes place with the consent of a person, should not be equated with mutilation. The issue of donating the body parts of people who are so-called brain dead and there is no connection between their brain and their organs due to neurological disorder, to the needy patients; Organ transplantation has become a common practice. But this is not enough to meet all the needs of the members. On the other hand, people who are not qualified to live in the community due to social misdeeds and are about to be executed, they must experience a hard death without compensation. Manuscript profile

Open Access Article

6 - Reinvistigating the Validity of the Unit Notice Using Wise Men Citation Method
Maryam Aqaei Bajestani Mohammad Rohani Moghadam Zahra Trahomi

10.22034/ijrj.2018.538447

     Unit notice, as one possible reason, has been considered from two main aspects in the language of principles. One is the proof of its validity, and the other is the determination of its domain which acceptance of validity is supposed to be more More

     Unit notice, as one possible reason, has been considered from two main aspects in the language of principles. One is the proof of its validity, and the other is the determination of its domain which acceptance of validity is supposed to be more important. Referring to the arguments of the Arbaa reasons as well as the methods of wise men, the scholars of the principles have argued against the theory that does not fully consider the unit notice as valid and as the trigger of notice and practice. Meanwhile, some have fully understood the implication of the verses on this issue and faced the challenges of method of wise men with the drawback of retribution by the lawyer. On the other hand, some have considered the method of the wise men as the only reason for the validity of the unit notice, and by attaching related narratives as validity from the lawyer have tried to prove the authority of unit notice. Some others, while accepting the implications of the verse of Al-Naba Surah, have considered the method of wise men as one of the reasons for the authority of the unit notice. In this paper, we will examine the integrity of the rationale for the validity of the unit notice through examining the principles and searching for the status of the wise men in proving the authority of the unit notice.   Manuscript profile

Open Access Article

7 - Reconciliation of suicide with amputation
Javad Habibitabar Sayyd Mohammad Sajadi

10.22034/ijrj.2023.705641

According to the opinions of the jurists, and based on the principles of the Shiites, the first principle in premeditated killing is retribution. But Islamic law gave this right to the guardians of the murdered, so that they could fully forgive their right or forgive an More

According to the opinions of the jurists, and based on the principles of the Shiites, the first principle in premeditated killing is retribution. But Islamic law gave this right to the guardians of the murdered, so that they could fully forgive their right or forgive and make their pardon depend on money. However, sometimes there are cases in which it is not possible to carry out "qisas al-nafs" for certain reasons, and the guardians refuse to give up financial matters or pardon. In this case, is it for the guardians of the murdered to ask for a compromise by cutting off the limb instead of self-retaliation? This reconciliation, on the one hand, will heal the pain of the victim's loss of guardians, and on the other hand, it will save the soul of the perpetrator. This new issue clashed with supporters and opponents, and accordingly two opinions were raised, and after explaining and criticizing them, the final opinion was based on the permissibility of replacing self-punishment for amputation with the content analysis method. On the evidence, including the legality of reconciliation, the preponderance of pardon over retaliation, the evidence of the necessity of self-preservation, etc., is a solution to overcome the problems arising from the promise of impermissibility. Manuscript profile

Open Access Article

8 - Challenges of Extravagance in Murder in Iranian Law
Abolhasan Shakeri fatemeh alinejadmir

10.22034/ijrj.2021.684733

Not exceed limits in taking life is a phrase derived from verse 33 of the Surah al-Asrain the Holy Qur'an; In this verse, after expressing the unlawfulness for the murder of man and the right of victim's avengers of blood to the murderer, excessive killing is prohi More

Not exceed limits in taking life is a phrase derived from verse 33 of the Surah al-Asrain the Holy Qur'an; In this verse, after expressing the unlawfulness for the murder of man and the right of victim's avengers of blood to the murderer, excessive killing is prohibited to commit, the appearance of the verse and the phrase before it, is about not exceeding in retribution of a person, but considering the generalization of murder. It can also include  cases where a person deserves to be deprived of life like execution, so that if a person is convicted to be deprived of life he should not be subjected to any other physical and psychological suffering, including the implementation of the deprivation of life penalty by using a rope, which would prolong it and necessarily double the suffering.  Therefore, we have to use different means, such as anesthetics with conditions and firearms that speed up the deprivation of life penalty. The same is true  when a criminal has committed several crimes and deserves several punishments, including deprivation of life, the interference of the punishments in deprivation of life causes exceeding limits in taking life. On the other hand, given that the punishment for retribution is a sin against mankind and is due to men, the delay in its implementation until the request of the avengers of blood is giving the convicted person an opportunity to live, then he must be kept in jail until the implementation, which cannot be exceeding limits in taking life because incurring jail is lower than killing. Manuscript profile

Open Access Article

9 - Critical analysis of Article 350 of the Islamic Penal Code with an approach to jurisprudential principles
Ramin Faghani Esmaeil Qandvar Bijar Pas

10.30495/jcld.2022.692129

Although, at first glance, retribution is the realization of the right, but typically, its implementation brings with it the bitterness of two irreparable harms to society and the family. The global movement to eliminate or reduce the maximum death penalty as reflected More

Although, at first glance, retribution is the realization of the right, but typically, its implementation brings with it the bitterness of two irreparable harms to society and the family. The global movement to eliminate or reduce the maximum death penalty as reflected in international treaties and treaties and the new criminal policy of the Iranian legislature in order to reduce the number of those executed while maintaining the basis of Sharia law and Imami criminal jurisprudence. It follows that the importance of re-reading the literature of the jurisprudence of retribution and, consequently, amending some articles of the Islamic Penal Code, based on the jurisprudential views analyzed in the literature of criminal jurisprudence, is evident. In this regard, the present article, with a cognitive view of the punishment of retribution, referring to Articles 350 and 422 of the Islamic Penal Code, which is based on the independent view of the right to retribution and its principles and is attributed to the famous, introduces the jurisprudential view of the totality of the right Qisas takes place and in the process of criticizing the foundations of each of these two views and showing the inadequacy of the citations of the famous view, he rereads the criminal policy of Shiite criminal jurisprudence regarding the punishment of Qisas, which, as a result, proposes amendment. It has the mentioned materials in its practical achievement. Manuscript profile

Open Access Article

10 - The condition of proving or enforcing gender equality in the execution of Qisas
seyyed mostafa mohagheghdamad kazem khosravi

10.30495/jcld.2022.693701

One of the conditions for proof or implementation of Qisas is gender equality. Islamic jurists have given many opinions about it. Regarding the acceptance of the difference between men and women's “diya”, there are different opinions regarding the type of pu More

One of the conditions for proof or implementation of Qisas is gender equality. Islamic jurists have given many opinions about it. Regarding the acceptance of the difference between men and women's “diya”, there are different opinions regarding the type of punishment for intentional crimes of a Muslim man compared to a Muslim woman. So that some jurists consider the condition of equality in gender as one of the conditions for proof of retribution. Some consider “Diyah” and “Arash” as a substitute for revenge. Some also rule in the case of intentional crimes by men against women, absolutely, without proof of retribution, or accept retribution only in case of equality of the member's dues. In the case of intentional crimes, where the member's compensation for the crime reaches one third of the compensation or more, they order retribution. This is despite the fact that the majority of Imami jurists consider gender equality as a condition for execution of Qisas. In intentional crimes committed by a man against a woman, where there is a difference in dowry, the implementation of qisas depends on the payment of the difference in dowry by the woman or her guardians. It seems that by studying the evidence cited by the jurists in accepting this condition (either in the proof stage or in the execution stage), it can be supported by the confirmation of the rulings related to the dowry and also considering the effect and role of the element of time in the inference of this The rulings, the basis for accepting this condition is shaky and the said condition is considered to be rejected for proof or execution of Qisas. Manuscript profile

Open Access Article

11 - Jurisprudential-legal review of the position and territory of the Dara rule in Iranian criminal law
Mohammad Hajiannejad Fahim Mostafazadeh Mehrdad Fiezi

The rule of Dara is a catch rule that jurists have obtained in a collection of narrations. The rule of Daraa means stopping the punishments of hudud, retribution and punishment in cases where there is doubt. In some cases, the rule of Dara provides partial decriminaliza More

The rule of Dara is a catch rule that jurists have obtained in a collection of narrations. The rule of Daraa means stopping the punishments of hudud, retribution and punishment in cases where there is doubt. In some cases, the rule of Dara provides partial decriminalization and in some cases general decriminalization, according to the Quranic documents and the authenticity of the word hadd in the documents of the rule, it cannot mean a specific punishment and includes all punishments, the rule of Dara according to Articles 120 and 121 of the Penal Code can have the effect of decriminalization and decriminalization, and there is no conflict between divine limits and human rights, although the legislator has excluded four crimes from the limited crimes. Also, according to the circumstances of the crime and criminal responsibility, the crime has two effects of decriminalization and deconviction in crimes requiring retribution. In penal crimes, according to the conditions of criminal liability and the condition of the crime itself, it has the effect of decriminalization and de-conviction, and there is no difference between penal and governmental crimes in the application of the rule of law. It seems that the principle of behavior in the crimes of money is doubted, the rule of money has the effect of decriminalization. Manuscript profile

Open Access Article

12 - Analytical study of the views of Fadl al-Rahman in the book The main themes of the Qur'an
fatemah alaqebandi Mehrdad Abbasi

The main themes of the Qur'an are one of the most important works of Fadl al-Rahman in resolving the conflict between Islam and the modern world. In this work, he reminds us that if our understanding of the Qur'an is based on the main spirit of the Qur'an, namely Qur'an More

The main themes of the Qur'an are one of the most important works of Fadl al-Rahman in resolving the conflict between Islam and the modern world. In this work, he reminds us that if our understanding of the Qur'an is based on the main spirit of the Qur'an, namely Qur'anic ethics, we will receive a single and coherent message and meaning of the Qur'an. This book can be considered as a coherent report on the contents of the Qur'an with a new perspective and in this respect it is an important and valuable book. In this book, after an introduction in expressing his views on the method of interpretation of traditional commentators and referring to the views of Westerners about the Qur'an, Fazl-ur-Rehman examines the important themes of the Qur'an in eight chapters. The present study seeks to answer the question that what are the most important contents and theories of Fadl al-Rahman in the book of the main themes of the Qur'an and how it is analyzed? In order to answer this question, the achievements of this research are examined through descriptive-analytical in four sections: 1- Belief opinions 2- Social-legal opinions 3- Ethical opinionsalDefinitions of al-Prefix1variant spelling of ad- assimilated before -l (as in alleviate, allocate ).Suffix1(forming adjectives) relating to; of the kind of.1the chemical element aluminum.Abbreviation1Alabama (in official postal use).3 more definitions Manuscript profile

Open Access Article

13 - Bisexual retaliation in Islam
sofia divsalar mohajer beytollah divsalar fakhrollah mollaei kandeloos

10.30495/alr.2021.1876377.1611

One of the major legal challenges is the status of bisexuals (neutrals) in punishments. The purpose of this article is to examine the retaliation of bisexuals in Islam. In this paper, a descriptive analytical method is used. The main question raised in this article is w More

One of the major legal challenges is the status of bisexuals (neutrals) in punishments. The purpose of this article is to examine the retaliation of bisexuals in Islam. In this paper, a descriptive analytical method is used. The main question raised in this article is what is the retribution of bisexuals in Islam? And what is the dominant gender determination method for determining retribution punishment? The results of the article indicate that gender is effective in determining the punishment of retribution in Islam. Regarding the situation of bisexuals, it should be said that in jurisprudence, the problem is divided into two general categories: obvious neutral people and neutral neutral people. Jurisprudential rulings are also divided according to these two categories. According to the few theories in this regard, if a man neutralizes the problem, the relatives of the victim can retaliate, but it is necessary to pay a quarter of the blood money to the parents of the killer. If a neutral person kills a woman with a problem, but Dam can retaliate by paying a quarter of the blood money to the neutral parents of the problem, but if both the killer and the victim are neutral, the victim will be retaliated against. It is difficult and obvious that female and male predominance is based on the same dominant gender. Manuscript profile

Open Access Article

14 - Analysis of the theory of the right of retribution in participatory crimes with emphasis on criminal justice
saeed SALAMATI مرضیه پیله‌ور محمدجواد رجبی سلمان

10.30495/alr.2021.1936455.2125

Background and Aim: One of the punishments is retribution, according to which, if several people participate in the murder of one person, retaliation is allowed for all of them. Therefore, in this article, we intend to explain the implementation of this right based on c More

Background and Aim: One of the punishments is retribution, according to which, if several people participate in the murder of one person, retaliation is allowed for all of them. Therefore, in this article, we intend to explain the implementation of this right based on criminal justice.Method: This article is descriptive-analytical and library method.Findings: Famous Imami jurists and a group of Sunni jurists and, consequently, the Islamic Penal Code; It is believed that in mass murders (if the parents of the deceased request retribution), retaliation will be carried out by paying a fine.Conclusion: The majority of jurists have declared the reason for the execution of the sentence of collective retribution as intimidating and deterrent. This means that individuals will refrain from mass crimes because of their fear of the consequences of their actions, and this is more compatible with criminal justice.onclusion: The majority of jurists have declared the reason for the execution of the sentence of collective retribution as intimidating and deterrent. This means that individuals will refrain from mass crimes because of their fear of the consequences of their actions, and this is more compatible with criminal justice. Manuscript profile

Open Access Article

15 - Analyzing different jurisprudential and legal opinions on reluctance in murder with an emphasis on Islamic criminal jurisprudence
mostafa katebi mohamadreza elmisola hosein naseri moqadam

10.30495/alr.2022.1950832.2273

Background and purpose: Regarding reluctance in murder, the closest opinion to the consensus of Shia jurists is that the one who is reluctant will be punished and the one who is reluctant will be sentenced to life imprisonment. Of course, Ayatollah Khoei believes that t More

Background and purpose: Regarding reluctance in murder, the closest opinion to the consensus of Shia jurists is that the one who is reluctant will be punished and the one who is reluctant will be sentenced to life imprisonment. Of course, Ayatollah Khoei believes that the reluctant person can commit murder, in which case he will be sentenced to pay the ransom, and the reluctant person will be sentenced to life imprisonment. His documentary is that in such a case, two incommensurable duties have arisen for the reluctant person; On the one hand, it is forbidden to kill another person, and on the other hand, self-preservation is obligatory, and since he cannot comply with both duties, he has the authority to do either of them, which means that this case is one of the cases of conflict in compliance with non-combinable duties. Of course, although retribution is not fixed on the steward due to the lack of title, but the payment is fixed on him in any case; Because the blood of a Muslim is not wasted and the one who refuses will be sentenced to life imprisonment.Method: The present research was carried out using a descriptive and analytical method.Findings and results: Although his opinion is not accepted in the Islamic Penal Code, but this opinion is sometimes more consistent with external reality and people commit murder in such a situation. In these cases, Manuscript profile

Open Access Article

16 - Jurisprudential-legal analysis of donating organs of those sentenced to death
Elahe Sadeghi zahra Fehreste

Nowadays, organ transplant is an inevitable necessity for patients who cannot be treated by other medical treatments. Nevertheless, it has become one of the major challenges of societies to find enough transplantable organs in order to bring patients back to society and More

Nowadays, organ transplant is an inevitable necessity for patients who cannot be treated by other medical treatments. Nevertheless, it has become one of the major challenges of societies to find enough transplantable organs in order to bring patients back to society and their families. The attention of organ transplant experts and jurists has been drawn to finding new sources for organ donation, because of restrictions on member donors despite the increase in people in need of organ transplants. One of the most important resources of organ transplants is the organs of people sentenced to death. The present study aims to analyze the jurisprudential point of view regarding to the organ donation of those sentenced to death and retribution, by studying primary religious resources and regulations based on documentary method. This jurisprudential view emphasizes that the punishment for those sentenced to death and execution need not be the same. This view considers the execution and retribution of convicts possible by removing their vital organs under anesthesia. Donation of non-vital organs of people sentenced to retribution can also be considered as another source of providing organs for transplantation, if he obtains the consent of his parents. This donation can lead to discount of his punishment. Manuscript profile

Open Access Article

17 - Analysis of the moving forward force in the narrative in the tale of Feraydun in Ferdowsi’s Shahnameh
mokhtar ebrahimi

Abstract In view of the deep structure of diabolical malevolence and courageous vengeance regarded as a certainty and recognized as a mythological notion this article is concerned with the analysis of the tale of Feraydun where it becomes intertwined with the tale of Ja More

Abstract In view of the deep structure of diabolical malevolence and courageous vengeance regarded as a certainty and recognized as a mythological notion this article is concerned with the analysis of the tale of Feraydun where it becomes intertwined with the tale of Jamshid and Zahhak.  What makes the story move towards the tragedy of the death of the first national hero, Iraj although at first glance is Salm and Tur’s greed, however taking into account the characteristic feature of the two brothers that is their satanic malevolence, is the factor which shapes the deep structure of the tale, and eventually lead to the death of a wise brother a kind hero who in all respects differs from the other two.  Therefore it must be mentioned that one of the deep structures of the tales in Shahnameh in particular the tale of Feraydun is the concept of vengeance and retribution which in inherent in the beliefs and characteristic features of the heroes.  The important point in this analysis is the antiquated opposition between the myth of divine good versus diabolical bad which eventually in the battle of Feraydun with Turan and Rum turns into the dispute over lands with opposing political and national interests and ever since this aspect lingers on. Manuscript profile

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