-
Open Access Article
1 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
2 - 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 MahdavisabetAccording 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 MoreAccording 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
3 - A Study on the Effect of Domestic and Foreign Mass Media on the Rate of Awareness of Citizenship Rights
Ali Hashemianfar Sayyed Naser Hejazi Mojtaba Arezi Habil Heydarkhani -
Open Access Article
4 - Addiction and Crimes in Iran
Mastooreh Sedaghat Tahereh Mirsadoo Golnareh Ghorbanloo Seyed Makan Sedaghat -
Open Access Article
5 - Comparative study of child murder in islamic jurisprudence
Ehsan Moradzadeh Mohammad Hasan Goli Shirdare Seyed Abolghasem NaghibiIslamic jurists do not agree on the punishment of fathers and grandfathers for killing their children. In this article, the opinions and views of the jurists of Islamic religions in this field will be examined in a descriptive and analytical manner. In Imami jurispruden MoreIslamic jurists do not agree on the punishment of fathers and grandfathers for killing their children. In this article, the opinions and views of the jurists of Islamic religions in this field will be examined in a descriptive and analytical manner. In Imami jurisprudence, jurists believe that the father is not retaliated for killing his son. In order not to retaliate against the father, they have relied on narrations, consensus and the reason for being active for the child. According to the narrations, Shafi'i, Hanbali and Hanafi jurists believe that the father has the right of guardianship over the child and the rule is that the father should not retaliate for killing the child. But Maliki's jurists have detailed that the father will be punished if he intends to kill his son. Regarding the punishment of the paternal ancestor, the famous Imami jurists consider the paternal ancestor to be attached to the father and do not consider him deserving of retribution. However, in Sunni jurisprudence, some jurists believe that paternal ancestry is not retaliated against, and others, including Hassan ibn Hayy, believe in retaliation for paternal ancestry. Malikiyah is also detailed in the ruling of the ancestor. Regarding the punishment of the mother, the famous Imami jurists believe in the punishment of retribution, but the Sunni jurists believe that the mother is not punished like the father. Manuscript profile -
Open Access Article
6 - Retaliation of the murderer man for killing a woman from the the Qur'an and hadithspoit of view
MAHDI ZANDI gholamreza radmehrAccording 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, MoreAccording 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
7 - A reflection on some concepts that disrupt security and public comfort from the perspective of Islamic jurisprudence
Mohamadebrahim Mojahed Ahmad Abedini Najaf Abadi Javad PanjepourThe concept of concept is very important in all branches of science. Conceptual discussion in criminal law, especially in the field of security and public comfort, is of double importance. Since this field is closely related to the materials of Khamsa, and then there ar MoreThe concept of concept is very important in all branches of science. Conceptual discussion in criminal law, especially in the field of security and public comfort, is of double importance. Since this field is closely related to the materials of Khamsa, and then there are conceptual inadequacies and ambiguities in some of these concepts; Based on this, the explanation of this category of concepts is an inevitable necessity, both theoretically and practically. Brief recognition and explanation of concepts such as terror and terrorism, and bioterrorism, war and corruption in the land and rebellion, political crime, assassination, coup d'état, and their difference and separation from each other are among the concepts that familiarization and explanation of them, both in terms of It is important both theoretically and in the practical aspect of law making, as well as in the position of judging and applying examples. This research analyzed some of the most important concepts in an analytical-descriptive way. First, these basic concepts were explained and described. Then attention was paid to the brief analysis of the attributes and dimensions, angles, territory and them. As a result of this research, the discussed concepts were disambiguated, and with the knowledge obtained of the elements and nature of each, their differences and distinctions were recognized and explained. Manuscript profile -
Open Access Article
8 - A Jurisprudential Analysis and Criticism of Certain Articles of the Islamic Penal Code (on the Liability of Public Treasury towards the Compensation for Murder)
Abasali HeydariAccording to certain articles of the Islamic Penal Code and provisionsenvisaged under the same, the Islamic judge, or in other words, the PublicTreasury is responsible to pay the compensation for murder to the avengers ofblood.Surveying the legal foundations of the liab MoreAccording to certain articles of the Islamic Penal Code and provisionsenvisaged under the same, the Islamic judge, or in other words, the PublicTreasury is responsible to pay the compensation for murder to the avengers ofblood.Surveying the legal foundations of the liability of the Public Treasurytowards compensation for murder, the author in this article has reached thefollowing conclusions:1. The liability of the Public Treasury in some cases including thatmentioned in article 236 of the Islamic Penal Code – majority ofjurisprudents have issued Fatwa on the same issue on the authority ofan event of the earlier days of Islamic – is under question and subjectto criticism.2. Considering contemporary common and social conditions which arequite different from the time of the issuance of Hadiths concerningthose liable to the compensation for murder including the PublicTreasury, it is possible to present alternative mechanisms moreconsistent with temporal requirements. Thus it is suggested that thelegislation reconsider the above – mentioned articles and revokearticle 236 of the Islamic Penal Code. Manuscript profile -
Open Access Article
9 - Comparative Study of Prohibiting the Use of Nuclear Weapons in Jurisprudence and International Law
Razie Razie Afzalzade Mahdi RahbarHuman life preservation is of both lawyer and intellectuals' interests. Each weapon which threatens human life and causes collective murder is a danger for the sake of life and property security and its application is banned. The purpose of this research is illuminating MoreHuman life preservation is of both lawyer and intellectuals' interests. Each weapon which threatens human life and causes collective murder is a danger for the sake of life and property security and its application is banned. The purpose of this research is illuminating the basis and proofs for sanctity of application of this weapon based on jurisprudence and international law. Jurisprudence proof including Verses relating to corruption in earth and also human life preservation, Narratives related to poisoning the enemy and prohibition of murdering the women and children and environment preservation, intellect reason, Vezr and Elzam principal and finally law proofs including non-proliferation of nuclear weapons, United Nations Charter and the rule of prohibition of excessive pain are discussed. Investigating the above sources, prohibition of nuclear weapon application is proved in normal situation in both jurisprudence and international law. But in especial situation the sentence is different; some jurisconsults decreed the allowance of collective murder weapons application when the victory is subjected to it. Investigation of international law doesn't provide any explicit reason for the prohibition of this weapon in the legitimate defense condition. Manuscript profile -
Open Access Article
10 - Criticism and Chek of Citatiom Narrated by Eshagh Ebn Ammar on the Ruling Organ Transplant after Retribution
Ghasem Aref Aliakbar ArefThe 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 MoreThe 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
11 - Penalty of Father in the Child Murder
Aliakbar Ezadifard Muhammad Muhsini Dihkalani Amin YusifiAccording to explicit verses of Quran (Isra', 31; The Cow, 178-179)main penalty for murder is retaliation. But based on Islamicjurisprudence, if the father murders his child, he won’t be retaliatedaccordance to demands of reasons. In this paper, main question iswh MoreAccording to explicit verses of Quran (Isra', 31; The Cow, 178-179)main penalty for murder is retaliation. But based on Islamicjurisprudence, if the father murders his child, he won’t be retaliatedaccordance to demands of reasons. In this paper, main question iswhether reasons of non-murder is assigned to retaliation or divesteddeath penalty from him absolutely (even in the face of other crimesof killing children by parents like attack and war)? For example, ifthe murder of child is in the form of war and corrupting on earth,will the father be sentenced? This issue is reflected less injurisprudential views and the jurists have written about it less.Legislator has been silence in this case too. However, cannot bedenied the generality of this phenomenon in society. Consideringthe above instances and article 167 (The judge is bound to endeavorto judge each case on the basis of the codified law. In case of theabsence of any such law, he has to deliver his judgment on the basisof authoritative Islamic sources and authentic fatawa. He, on thepretext of the silence of or deficiency of law in the matter, or itsbrevity or contradictory nature, cannot refrain from admitting andexamining cases and delivering his judgment) thoroughlyinvestigate the subject seems necessary. The chosen view of authorsin this paper is existence of legitimacy of this penalty relying onreasons and argues and claims. This article reflects the authors’efforts and explaining the chosen theory. Manuscript profile -
Open Access Article
12 - Active Involuntary Euthanasia from the Viewpoint of Islamic Jurisprudence and the Statue of the Islamic Republic of Iran
Saleheh Yazdanifar Mehdi Khodaie“Euthanasia” or “The Compassionate Preferring Death of theIncurable sick” in the medical term is any intentionally act oromission that done in request or without request of an incurable illto end his life without more pain and suffering. Based on More“Euthanasia” or “The Compassionate Preferring Death of theIncurable sick” in the medical term is any intentionally act oromission that done in request or without request of an incurable illto end his life without more pain and suffering. Based on thebehavior of the medical team and that the physician behavior hasthe manner of "act" or "omission", euthanasia divides into “Active”and “Passive”. Also, if euthanasia spring out of the will and volitionof the patient, it will be called “Voluntary” and in the cases wherethe patient is legally incompetent to decide, it will be called“Involuntary”. Based on the Islamic criminal system and the statueof the Islamic Republic of Iran, active euthanasia is a clear exampleof murder and therefore, it is illicit and causes retaliation and thecompassionate motive of the physician will not fail physician’scriminal responsibility or will not cause any discount in hispunishment. Also whenever the physician is spared by theforgiveness of the parents, if the court recognizes his act as a causeof disrupting the community or creating fear, or if be afraid abouthis or other doctors’ Audacity, it can sentence him to thediscretionary imprisonment. Manuscript profile -
Open Access Article
13 - Grounds of Doctrine of “Protected Blood May not be Spoiled” According to the 2013 IPC
Abolfazl Alishahi Ghalehjouqh Tayebeh AhmadiIslam very much values human blood protection and does not allow a drop of blood to be spoiled; the Islamic Penal Code also states in Article 478 that "If the killer is not identified, Absolutely, Bayt al-Maal is responsible for Diyah." However, pursuant to Article 10 o MoreIslam very much values human blood protection and does not allow a drop of blood to be spoiled; the Islamic Penal Code also states in Article 478 that "If the killer is not identified, Absolutely, Bayt al-Maal is responsible for Diyah." However, pursuant to Article 10 of the Civil Liability Compulsory Insurance Act covering the owners of motor vehicles against third parties, approved on September, 2013, intended to "protect victims of traffic accidents, and to cover the escaping or failed identification of the faulty party", the Physical Damage Fund is responsible for for paying the Diyah. Given the above, where the common element is "failed identification of the murderer", but the Diyah's payment entity is different, a question rises as to what is the judicial precedent on the payment of Diyah? What is the relation between the two funds? This paper concluded that, according to the 2008 judicial precedent, for the payment of Diyah in prosecutor’s office and courts, these two funds are sometimes held liable longitudinally (first, the Physical Damage fund for damages, and then Bayt al-Maal), and sometimes horizontally (both the Physical Damage fund for damages and Bayt al-Maal simultaneously). Or first the judge initially holds the Physical Damage Fund liable for paying Diyah and then holds Bayt al-Maal liable for paying the difference. However, according to the judiciary's legal department's opinion issued in 2013, these two funds are distinguished, and in the event of physical damage, the Physical Damage Fund is responsible for the payment of the Diyah, and if the killer is not identified, the dependents of the victim may refer to Bayt al-Maal to receive Diyah. Manuscript profile -
Open Access Article
14 - THE JURIDICAL AND LEGAL STUDY OF “AGHELEH”
Rohoolah AfzaliOne of the important issues in Islamic Law is the issue of “Agheleh” and and its responsibility in atonement and paying blood money. The term “Agheleh” is rooted in the Arabic word “Aghl” which means hindering and stopp MoreOne of the important issues in Islamic Law is the issue of “Agheleh” and and its responsibility in atonement and paying blood money. The term “Agheleh” is rooted in the Arabic word “Aghl” which means hindering and stopping and is a title colloquially given to a person who takes the responsibility of compensating for the blood money instead of the person who has committed the crime. This people will be the male maternal or paternal next of keens as they are to be inherited. Some conditions should be met for the “Agheleh” to take the responsibility of paying the compensation. These details are studied in the present article. Manuscript profile -
Open Access Article
15 - Position of work in human’s life
Hosein Jamali ZadehContemplation in Islamic sources the importance and value of work and working from Islam’s point of view would be clarified; it insists on its crucial role in life and knows it as a principle for living. In case of tribulation, other elements would MoreContemplation in Islamic sources the importance and value of work and working from Islam’s point of view would be clarified; it insists on its crucial role in life and knows it as a principle for living. In case of tribulation, other elements would be damaged as well. In other words, attempting for life and living and working in order to produce and meet the needs is known as a duty by Islam which causes a close relationship with God. The Prophet and other Imams did the same in order to make such relation. Manuscript profile -
Open Access Article
16 - A study on Rhetorical Educational Fineness of Maedeh's 32 Verse in Preventing Murder
Amir Hamzeh Salarzayi Zahra Beig ZadehPhysically safety of human being has always been paid attention by mankind, thus hard torture and unchangeable punishment for murderers and the violators to human bodies. Islam – which is last and the most complete religion – has been sent for human being in MorePhysically safety of human being has always been paid attention by mankind, thus hard torture and unchangeable punishment for murderers and the violators to human bodies. Islam – which is last and the most complete religion – has been sent for human being in order to guide and create him a safe, calm and justly and frequently emphasized it. For instance 32 verse of Maedeh Surah obviously points the murder and its punishment: Nemesis. The present article studies the rhetorical fineness of 32 verse of Maedeh surah which is about preventing murder. There is no footprint of any religions for the murderer or the murdered. The punishment is the same for all religions; Muslim or non – Muslim. Manuscript profile -
Open Access Article
17 - The legal nature of Ransom
Majid KhazaieOne of the most important aspects of ransom is its legal nature; whether the ransom payment is because of its punishment nature or of its wreck or both ones. The other point is that the legal nature of ransom would have functional effects in commandment a MoreOne of the most important aspects of ransom is its legal nature; whether the ransom payment is because of its punishment nature or of its wreck or both ones. The other point is that the legal nature of ransom would have functional effects in commandment and if yes it should be argued that why there is no discussion in juridical books. The present article attempts to study the reasons of ransom wrecks and punishments and finally surveys on the offered solutions for the related issues. Manuscript profile -
Open Access Article
18 - Quranic and Validity of the Retribution of the Murderer of the Murdered Woman
Fatemeh Mohammadi Davoud Dadash Nezhad Morteza BaratiMurder is the deprivation of one’s living right intentionally in ways provided by law. In Islamic law and jurisprudence, murder has been given particular importance as it is considered a cardinal sin and has been strongly denied and strongly disobeyed; the pe MoreMurder is the deprivation of one’s living right intentionally in ways provided by law. In Islamic law and jurisprudence, murder has been given particular importance as it is considered a cardinal sin and has been strongly denied and strongly disobeyed; the perpetrator has been promised a hard punishment in Hereafter. . On the other hand, murder and various opinions about it have always been a challenge for the judges since Holy Qur'an has not explicitly spoken about this type of crime and its punishment. This article tries to define retaliation as well as explaining the basis of the abovementioned verdict in Quran and traditions; comments on the jurisprudence of the Imamiyah and the public regarding this issue are discussed as well. Librarian research method has been applied. Manuscript profile -
Open Access Article
19 - Investigating jurisdicial and lawful rule non-Retroactive in murder category
احمد مرادخانی seyed masih hoseini seyed mohammad mehdi ahmadi alireza asgariCategory retroactively lack inclusion of the lawful rule and control, as is the death and the reflection is important. Practices and attitudes legislator of religious orders, he is not to apply rules which consequently leads to injustice in the criminal process to bring MoreCategory retroactively lack inclusion of the lawful rule and control, as is the death and the reflection is important. Practices and attitudes legislator of religious orders, he is not to apply rules which consequently leads to injustice in the criminal process to bring Contemplated in the context of judicial precedent 10/25/1365 Number 45. “Article 6 of the Islamic Penal Law October 1361 that the penalties and corrective measures By law put before the crime is established Withdrew from his commands legislation, including legislation relating to retaliation that have been at the forefront of Islam ... In 1370 criminal legislator in Article 11 of the Penal Code rule retroactively not only rules governing the " government and military regulations," he And consequently the rule was adopted in the Iranian Law is limited. Therefore, the legal rules of borders and murder, expense and exclusion criteria of the regulations was the system of government. Finally, it is accepted that the only punishment suspended under the rule of law are not retroactively. The present paper suggests that the death penalty is not out of the realm and inclusion rule retroactively known. This article aims to study the most important jurisprudence and legal arguments to justify the death penalty are not paid retroactively. Key words: non-retroactive, murder, acquit principle, criminology, prevention. Manuscript profile -
Open Access Article
20 - Killings committed by the blind
Mohammdreza Armak Mohammad Mahdi Ahmadiدر این تحقیق سعی شده است به یکی از موارد اختلافی بین فقهای امامیه پرداخته شده و ادله ی هر یک از طرفین بازگو شود و این مورد، ارتکاب قتل عمدی توسط فرد اعمی (نابینا) می باشد. نظر برخی از فقها به عمدی بودن این نوع قتل توسط نابینا بوده و مجازات مرتکب آن را قصاص می دانند. برخ Moreدر این تحقیق سعی شده است به یکی از موارد اختلافی بین فقهای امامیه پرداخته شده و ادله ی هر یک از طرفین بازگو شود و این مورد، ارتکاب قتل عمدی توسط فرد اعمی (نابینا) می باشد. نظر برخی از فقها به عمدی بودن این نوع قتل توسط نابینا بوده و مجازات مرتکب آن را قصاص می دانند. برخی دیگر از فقهای قوم به غیر عمدی بودن این قتل و عدم قصاص مرتکب آن، حکم کرده اند. دسته ی اول از فقها برای اثبات حکم خویش به دلیل عقلی و آیات و روایاتی که در رابطه با این نوع قتل وجود دارد، استناد کرده اند. حکم این دسته از فقها، با ادله ی فقهی و عمومات قصاص، سازگاری بیشتری دارد. اما دسته ی دوم از فقها، به روایاتی که در کتب روایی در رابطه با قتل اعمی وجود دارد، استناد کرده اند که بر خلاف عمومات قصاص و دلیل عقل می باشد. Manuscript profile -
Open Access Article
21 - Analysis of retaliation philosophy based on Tafsir Al-Mizan
saeed abbaszadeh حسین نمازی فرRetaliation is one of the fundamental precepts of its implementation in society has been regarded as a priority and stressed the divine legislator but today is the question is Sentence they said the enemies of Islam anti Human rights or not? the author of the answer whi MoreRetaliation is one of the fundamental precepts of its implementation in society has been regarded as a priority and stressed the divine legislator but today is the question is Sentence they said the enemies of Islam anti Human rights or not? the author of the answer while explaining the philosophy and wisdom of the Qisas Sentences From the viewpoint of Allameh Tabataba'i believes that the sentences not human rights but also that Allameh Tabataba'i Considering ayat of holy Koran believes although this is Qiṣāṣ that guarantees the life not amnesty or blood money and this issue is self-evident. To him, if a person is killed, Allah's creation has been destroyed and thus the Allah's intention of survival of humanity is not satisfied. Thus, in fact, the killer is challenging the divine authority. Therefore, to his point of view, the best possible way to preserve human life is Qisas; because threatening to retaliate is the most effective way to make people stop killing one another and other penalties and punishments are not so effective. Manuscript profile -
Open Access Article
22 - Analysis of the scope of responsibility for paying blood money from Treasury in Islamic jurisprudence
Abbas Abedi Mohmmad mahdi AhmadiAccording to the principle of personal punishment, the offender must be responsible for the payment of blood money in the event of a crime. But this principle has some exceptions, one of which is the payment of blood money Treasury. The scope of liability of the bailiff MoreAccording to the principle of personal punishment, the offender must be responsible for the payment of blood money in the event of a crime. But this principle has some exceptions, one of which is the payment of blood money Treasury. The scope of liability of the bailiff in some cases, including in line crimes, is even known and available, but according to the law, the steward in the crime is not the guarantor of the payment of blood money and the bailiff is the guarantor in other crimes. In some cases, the offender has been held responsible for the payment of blood money, despite the lack of identification of Johnny and his inaccessibility, such as being killed as a result of disturbances and chaos. But in relation to social issues there are cases where, despite the entry of illegitimate damages, the responsibility for the payment of blood money and compensation is not borne by a specific person, and in the legal and legal texts it is not explicitly stated about them in such cases. Relying on principles of responsibility such as the jurisprudential rules of "the law of the infallible and the lawful" and "disaster", the responsibility to compensate for the dignity of human beings, to secure social justice, to promote public safety, and to support the restoration of their lives. He was in charge of Treasury and took steps in that direction. Manuscript profile -
Open Access Article
23 - Oath taking and its role in proving crime from the view point of jurisprudence and Iranian statute law
َAhmad porghasemi Esmat al-Sadat Tabatabaei LotfiQasāmah, i.e. Oath taking, is an approved procedure in the Islamic fiqh and law, which is applicable both to verify and nullify the crime in the case of invalidity or lack of crime proofs. The legitimacy of oath taking is based on the Islamic traditions and considering MoreQasāmah, i.e. Oath taking, is an approved procedure in the Islamic fiqh and law, which is applicable both to verify and nullify the crime in the case of invalidity or lack of crime proofs. The legitimacy of oath taking is based on the Islamic traditions and considering its prohibitive force in concern with concealed murders or unjustified accusation, it has been approved and established for immunity of the society and acting cautiously in regard with the lives of the people. The oath taking procedure was proposed by the jurists and it was approved in the criminal law with minor changes in 2013 and it includes issues such as the domain of usage, the quality of performing oath taking, number of oaths in voluntary and involuntary murders and in crimes other than murder, validity or invalidity of repeating oaths to achieve the threshold, repeating oath taking in case of involvement of multiple parties, the characteristics of the ones to take oath and the manner of oath taking. In the criminal law of 2013, a period of three month has been considered for oath taking by the claimant or the accused. Manuscript profile -
Open Access Article
24 - The Effect of Media Representation of Restorative Programs on Reaching an Agreement between the Parties to a Criminal Case; with an Emphasis on murder
Seyed Doraid Mousavi Mojab Leila RahnamaRestorative justice seeks to resolve disputes through compromise and negotiation, and in the shadow of it, the victim's losses and harms must be compensated; moreover, the victim and the offender must be returned to their normal lives in society. In order to implement t MoreRestorative justice seeks to resolve disputes through compromise and negotiation, and in the shadow of it, the victim's losses and harms must be compensated; moreover, the victim and the offender must be returned to their normal lives in society. In order to implement the restorative programs, it’s necessary to observe its elements properly, including confidentiality. However, confidentiality through the mass media is severely violated through the media representation of restorative programs and has a negative impact on the achievement of restorative agreements. In this relation, the violation of confidentiality of the murder cases and its negative effect on the achievement of a restorative agreement through the media coverage of the events is evident. By recognizing and using the legal capacities of restorative programs, and also the capacities of the mass media, they can be used to reach an agreement. This paper explains the capacities of the media and restorative programs and seeks to clarify the impact of the media representation of restorative programs on the achievement of restorative agreements. The research method in this research is descriptive-analytical by using library resources. Manuscript profile -
Open Access Article
25 - Analyzing the effective factors on women deputy in Premeditated murder of disturbing man
Mahtab Mafi Hosein Fekrazad Amirmasoud AmirmazaheriAnalayzing the effective factors on women deputy in the premeditated murder of a disturbing man Abstract Premeditated murder is one of the most common crimes that occurred for various reasons and methods. The purpose of this research is to identify the factors affecti MoreAnalayzing the effective factors on women deputy in the premeditated murder of a disturbing man Abstract Premeditated murder is one of the most common crimes that occurred for various reasons and methods. The purpose of this research is to identify the factors affecting womens deputy in the premeditated murder of a disturbing man. The current reseach has been conducted using semi- structured interviewes and using the grounded theory method. The statistical population of this resrarch was 6 women who were in Rey city penitentiary for the Premeditated murder of a disturbing man. The findings of the research show that three categories of causal, contextual and intervening factors have had an effect on womens deputy in the premeditated murder of a disturbing man, which causal factors are: the disturbing mans non-adherence to moral principles,fanatical beliefs and honor worship of the husband. The background conditions are: migration and marginalization, inappropriate marital relations and violent behavior of women. The intervening conditions are: concealment of the truth by the woman due to the fear of her husbands harsh and violent behavior, coercion and domination by the husband for the womans deputy in the premeditated murder of a disturbing man. Action strategies (strategies) include: violent behavior toward others, which has consequences such as the premeditated murder of a disturbing man, the punishment of the guilty man and the woman as a deputy in the premeditated murder and the indecision of the children. Keywords: Women prisoners, Deputy in the premeditated murder, Disturbing man, Honor, Grounded theory. Manuscript profile -
Open Access Article
26 - Analyzing the factors affecting women's participation in the intentional murder of a disturbing man
Mahtab Mafi Hosein Fekrazad Amirmasoud AmirmazaheriAlthough women's involvement in intentional homicide seems to have the same nature, it is actually done with different reasons and motivations. Women who assisted in the intentional murder of disturbing men are those who were harassed by disturbing men (killed) and by s MoreAlthough women's involvement in intentional homicide seems to have the same nature, it is actually done with different reasons and motivations. Women who assisted in the intentional murder of disturbing men are those who were harassed by disturbing men (killed) and by sharing the matter with their husbands and under their supervision, they committed the act of assisting in the intentional killing of disturbing men. This research aims to identify the factors affecting women's participation in the intentional murder of a disturbing man. The technique used in this research is observation and semi-structured interviews, and its method is grounded theory. In order to obtain the personal characteristics of the prisoners, their personal files have been used. The statistical population of this research is 6 women who were in Ray Shahr Penitentiary in 2017 for the crime of aiding in the intentional murder of a disturbing man. The findings of the research show that three categories of causal, contextual and intervening factors have had an effect on women's involvement in intentional homicide, which causal factors are: the disturbing man's non-adherence to moral principles, fanatical beliefs and honor worship of the husband. Background conditions include: migration and marginalization, mistreatment of women. The intervening conditions are: concealment of the truth by the woman due to the fear of her husband's harsh and violent behavior, coercion and domination by the husband for the woman's cooperation in the deliberate murder of the annoying man. Action strategies include: murder and violent behavior towards others, which have consequences such as the condemnation of women and their unfavorable situation, the punishment of the husband as a steward in intentional murder, and the disorderly situation of children. Manuscript profile -
Open Access Article
27 - Examining the factors affecting the occurrence of a murder: Meta-synthesis Of researches of the period 1377-1400
Taha Ashayeri Tahereh Jahanparvar alham abbasi mostafa bazgirIntroduction: Murder is the killing or taking and taking of another human life with any purpose Murder; Killing and taking the life of another human being with any motive is considered as a violent social crime. The purpose of this study is to study the factors affectin MoreIntroduction: Murder is the killing or taking and taking of another human life with any purpose Murder; Killing and taking the life of another human being with any motive is considered as a violent social crime. The purpose of this study is to study the factors affecting the occurrence of murder and to present socio-cultural solutions. The research method is meta-combined and its statistical population is 38 case studies (quantitative + qualitative) in full and intentional in the period of 1998 to 2021. The results show that 1. Cultural index (tribal, value and attitude factors) 2. Economic (differences, gaps and structural factors); 3. Social (climatic-environmental, interactive, profile factors, family institution, addiction, capital, social control, structural and normative); 4. Psycho-personality and 5. Demographic (socio-economic status, age, gender, marital status, employment status, ethnicity, level of education, place of residence, family size, place of birth, time and season of the incident) were effective in the murder. Is. Iranian society is transitioning from traditional conditions (lifestyle) to modern (individualism and social modernization) and due to lack of coordination of social institutions (value-institutional conflict), class gap, social failure and social disorganization, society is dysfunctional and conditions Anomic (accumulation of socio-economic pressures) and due to lack of coordination of society with new conditions and solving the needs of society (unbalanced development, social conflict, cultural turmoil, family institution disorder, economic pressure on social classes, feelings of injustice and relative deprivation), murder Has also increased. In a sense, murder is an individual behavior, but a social action that the conditions of society (the above five factors) facilitate the grounds for attempted murder Manuscript profile -
Open Access Article
28 - A discussion of the power of Darius and Cyrus killed, Cambiz and Bardia
Ahmad HeydariThe land extensions of Achaemenian government caused power imbalance in Achaemenian family such as that the father and the grandfather of Darius ( that is Vishtasp and Arsham) who had been the relatives of Cyrus and had been settled in margin, had been believed that the MoreThe land extensions of Achaemenian government caused power imbalance in Achaemenian family such as that the father and the grandfather of Darius ( that is Vishtasp and Arsham) who had been the relatives of Cyrus and had been settled in margin, had been believed that the governorship is their legal and legitimate right and their goal had been the achievement to power gradually and they had been determined to creating a suitable condition for reigning of their shrewd son that is Darius. As a result Vishtasp and his companions had been killed Cyrus after his fighting with Masagesthes and in the way of returning to home and since the condition had not been suitable for achieving to this power and Darius had been so young, then they had been planned that Darius had gone to Egypt accompanying with Cambyses and after his triennial staying in Egypt and his numerous expeditions to Ethiopia and Libya, he had been killed by Darius and his collaborators in the way of returning to home in Syria. Darius says in Bistoon inscription that Cambyses died in nature and then he fabricates the story of Geumata. After the death of Cambyses, his real brother that is Bardiya had been reign. Darius had been entered to Bardiya court without any prohibition and had been killed him accompanying with his six collaborators.( it is necessary to mention that till the time of Darius monarchy, Manuscript profile -
Open Access Article
29 - The study of the socio-economic factors related to the type of murder in East Azerbaijan province
Ibrahim Akbari Mahmood ElmiThe aim of this study was to determine the relationship between social and economic factors with committing the type of murder among the prisoners who were convicted of murder in East Azerbaijan province. The population of the study included all male and female prisoner MoreThe aim of this study was to determine the relationship between social and economic factors with committing the type of murder among the prisoners who were convicted of murder in East Azerbaijan province. The population of the study included all male and female prisoners (107 males and 13 females) of East Azerbaijan province, who were sentenced to imprisonment (in 1390-93 years) on charges of murder. 92 prisoners were selected as the sample of the study based on Morgan sampling table. The sampling method was Simple random and a data collection tool was a questionnaire which its reliability and validity were confirmed. According to the results, more than half of those convicted of the murder was low class (the poor), less educated and single. In addition, men are much more likely than women to commit murder. Half of the murders were social killings particularly family disputes and collective quarrels. Also there is no significant difference between marital status and sex with murder. Manuscript profile -
Open Access Article
30 - Jurisprudential and legal challenges of intentional homicide caused by omission
Ahmad Beiramian Abasali AkbariCaution 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 s MoreCaution 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 Manuscript profile -
Open Access Article
31 - Legitimacy of Women's Testimony in Murder in Perspective of Imamieh Jurisprudence
ali akbar izadifard ahmadreza hasssnkhani hossein kaviarOne discussion that is related to testimony is women' testimony. Based on the viewpoints of the majority of jurists in public rights with the exception of adultery, basically, a woman's testimony alone, not worth causing to prove an offense. But non-financial rights of MoreOne discussion that is related to testimony is women' testimony. Based on the viewpoints of the majority of jurists in public rights with the exception of adultery, basically, a woman's testimony alone, not worth causing to prove an offense. But non-financial rights of people would not be proved by the testimony of women, both individually or concretely. In financial rights of people, testimony of two women together can prove the case. Some cases that are not visible by the men, only proved by women's testimony. In some case, jurists have variance including women's testimony in the murder. In this research we intend to analyze and discuss the status of women's testimony in the murder. Manuscript profile -
Open Access Article
32 - Punishment Falls Arising from the Transmission of HIV
reza ehsanpour mohammad mohseni mansoureh hassaniHIV prevalence in recent years, on the one hand, and the lack of specific law for criminal negligence and punishment for those who spread HIV on the other hand, have caused to attract the attention to use penal institutions in this regard. Some titles like: transmission MoreHIV prevalence in recent years, on the one hand, and the lack of specific law for criminal negligence and punishment for those who spread HIV on the other hand, have caused to attract the attention to use penal institutions in this regard. Some titles like: transmission of sexually transmitted diseases, willful murder, quasi-intentional homicide, attempted murder, premeditated assault and battery as well as restoring to arms (in order to frighten people) are applicable in Iran, however, threats to public health seems not to be appropriate in this respect. The death of offender or victim of an offence for reasons rather than AIDS and acquittal of offender before death penalty calling by victim offended person, lead to punishment fall and retaliation in Islamic Penal System of Iran. The knowledge of victim of an offence of being HIV transmitter or infective, even his/ her primitive satisfaction, brings no legitimacy for offender of the act committed. It also can not be considered as legal reasons for criminal act leading to criminal pardons. Manuscript profile -
Open Access Article
33 - Deadline for Payment of Blood Money in Quasi-intentional Murder
mohammad mohseni dehkalani ali mohammadian elaheh gholizadehLawmaker in new Islamic penal code in chapter five of general articles of atonements, under paragraph b of article 488, has determined two years deadline for payment atonement in quasi-intentional murder, as the murderer is required to pay half of atonement per year. Th MoreLawmaker in new Islamic penal code in chapter five of general articles of atonements, under paragraph b of article 488, has determined two years deadline for payment atonement in quasi-intentional murder, as the murderer is required to pay half of atonement per year. This viewpoint is accompanied agreement of famous Imam Jurists with itself. The main famous reason after consensus, is being "different criteria". They believe since the quasi-intentional murder is lighter than first degree murder, and harder than chance-medley, and as respects in first degree murder that causing atonement and chance-medley murderer have to paid atonement respectively in one and three years so in quasi-intentional murder naturally this term should be two years. The author with conflict in was claimed consensus and denial mentioned credit reason and cited to evidence predications of deadline for payment atonement, and also cited to practical principle in position, respite and term payment of mentioned atonement knows three years. Manuscript profile -
Open Access Article
34 - Judicial and Lawful Study of Euthanasia
mohammad jafari harandi fatemeh jabarzadehEuthanasia or death due to compassion is discussed in religious and legal groups of the world as a conservatory medical issue that is concerned with incurable patients who have no ability to live and request death from their physician. This question was analyzed with re MoreEuthanasia or death due to compassion is discussed in religious and legal groups of the world as a conservatory medical issue that is concerned with incurable patients who have no ability to live and request death from their physician. This question was analyzed with respect to judicial and lawful studies after medical study of euthanasia. The religious task of physician in euthanasia or death due to compassion is as a revere which is a religious judgment. Such judgments are not terminable because of consensus by all the religious jurisprudents. But religious restraining order of physician's action is murder in this case due to intentional kill by the physician or medical team and it is considered as premeditated murder, so religious restraining order for such actions is retaliation, but permission of murdered person before the murder makes it doubt and according to well known ideas of religious jurisprudents, it waives the retaliation. In return, some of the religious jurisprudents believe that retaliation is not waived pursuant to rule of ESGHATE MA LAM YAJAB (Waiving what is not necessary at present) because at first they believe that the right shall be demonstrated then it may be waived and right of retaliation would be demonstrated after death not before. Manuscript profile -
Open Access Article
35 - Compulsive Murder in Shiite Jurisprudence
kiyoumars kalantari morteza jalilzadehNecessary 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 MoreNecessary 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
36 - Judicial and Legal Investigation of Murdering Arising from Uncertainty in Target with a View on Islamic Penal Code
Kiyoumars kalantari Farshad shirzadifarUncertainty 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 MoreUncertainty 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
37 - Study of the Social Aspect of Intentional Crimes against Physical Integrity in the Islamic Jurisprudence and the laws of of Islamic countries with Emphasis on the Iranian Law
Ruhollah Akrami Masoud HeidariThe intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This iss MoreThe intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This issue has led some to ignore the separate right to punishment for society. In Islamic jurisprudence and consequently in the regulations of Iran, the discussion of the legitimacy of the ta'zir of the perpetrator in in case of retribution, the subject of the social aspect of crime, had become one of the challenging issues after the victory of the Islamic Revolution. In the Islamic Penal code adopted in 2013, by enacting general provisions in Article 447, has tried to regulate the ta'zir of the crimes in a disciplined manner, although the amount of ta'zir, especially in the case of physical crimes less than murder, is very ambiguous. In other Islamic countries, too, the social aspect of the crime has been recognized. In the present article, with a descriptive analytical method, this issue has been studied in a comparative manner according to the jurisprudential principles which indicated the strength of the position of identifying the social aspect of intentional crimes in perspective of jurisprudential documents. In addition in our legal system, the punishment of social aspect in murder according to Article 612 of the Book of Ta'zirat, and Physical crimes less than murder, if they are examples specified in Article 614 or committed with a weapon, will be determined in accordance with this article, otherwise alternative punishments of imprisonment will be imposed. Manuscript profile -
Open Access Article
38 - Legal and Penal Analysis of Article 268 of Islamic Punishment law.
Javad HabibiAccording to Islamic punishment law, Quran and prophetic religion, murder resulted to punishment of retaliation.The mentioned punishment regards as penalties which have private aspect. Right owners in Islamic religion, contrary to previous religion, can select one of th MoreAccording to Islamic punishment law, Quran and prophetic religion, murder resulted to punishment of retaliation.The mentioned punishment regards as penalties which have private aspect. Right owners in Islamic religion, contrary to previous religion, can select one of these cases (retaliation or forgiveness). On this basis Islamic legislators in Hodood and Retaliation Act (1361) in article 54 have expressly recognized this right for the sacrifical parents. It’s the law that after victim’s death this right transfers to the sacrificial parents. Nevertheless, legislator, contrary to the mentioned article, grants the forgiveness right to victim with ratification of article 268 of Islamic punishment law. But this article is not correct and legal according to the analysis in this essay. However, in spite of the present objections, the drafters proposed Islamic punishment code in article 18 and 315. This code extends the concept of forgiveness and refers to blood-money. It also indicates that the sacrificial parents can’t request the blood-money but in article 268, they can request it. Manuscript profile -
Open Access Article
39 - 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 KalantariMost 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 MoreMost 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
40 - Duress to Murder and its Documentations in Imamieh Jurisprudence & law of Iran
Hassan Hajitabar Firozjaei Amin FallahBased on rules of Imamieh jurisprudence and Iranian criminal rights (including Article 151 of Islamic Penal Code ratified in 2013), one of the eliminating factors of criminal liability is duress. Duress includes “mental pressure imposed on a person through whom hi MoreBased on rules of Imamieh jurisprudence and Iranian criminal rights (including Article 151 of Islamic Penal Code ratified in 2013), one of the eliminating factors of criminal liability is duress. Duress includes “mental pressure imposed on a person through whom his free will and authority (consent) is waived at the time of committing that behavior”. The present paper discusses determining intentional murder judgment resulting from duress and its documentations in Iranian rights (Articles 375 to 380 of Islamic Penal Code ratified in 2013) and Imamieh jurisprudence. This study concluded that firstly, the failure in elimination of criminal liability from the person subject to reluctance in the status of duress to murder is based on the distinction without reference and principle of human being lives equality. Secondly, the basis of eliminating criminal liability from the person subject to reluctance to murder in the case of being minor or insane is the rule of stronger cause from the foreman. Thirdly, Imamieh jurists’ opinions concerning permission or prohibition of killing in terms of duress to murder are not the same; however, the most well-known idea of Imamieh Jurists and consequently, Islamic Penal Act (IPA) ratified in 2013 is principally based on prohibition of murder in the case of duress to killing. Manuscript profile -
Open Access Article
41 - Challenges of Extravagance in Murder in Iranian Law
Abolhasan Shakeri fatemeh alinejadmirNot 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 MoreNot 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
42 - The Legal Jurisprudential Position of Reluctance in Crimes against Physical Integrity in the Criminal Law of Iran and France
Seyyed Ebrahim Ghodsi Abdollah ParasteshIn Iranian jurisprudence and law, the issue of reluctance to commit crimes against physical integrity is different from French law. In Iranian law, reluctance to kill is not permissible for murder in the opinion of most jurists, but reluctance in a crime affects the mem MoreIn Iranian jurisprudence and law, the issue of reluctance to commit crimes against physical integrity is different from French law. In Iranian law, reluctance to kill is not permissible for murder in the opinion of most jurists, but reluctance in a crime affects the member and retribution is directed at the reluctant. In reluctance to commit a crime on a member, the fact is that the person threatened by the soul and the subject of the crime is a member has been effective, but if the person threatened by the soul and the subject of the crime is also a member, it has been silenced in jurisprudence and law. We conclude that the threat to the soul or limb must be higher than the subject of the crime in order for reluctance to be effective. Therefore, we came to the conclusion that what is not a license for murder is the order to kill, not reluctance to kill, and in the case of murder, the person in charge has the intention, will and full authority to carry out the order. The French Penal Code, enacted in 1992 (effective 1994), legislates reluctance to commit murder in the context of generalities and Article 2-122; The article considers reluctance as a general rule in all current crimes and states that the perpetrator has no criminal responsibility. Manuscript profile -
Open Access Article
43 - Jurisprudential Pathology in Article 234 of the Islamic Penal Code
Seyyed Ahmad Mirkhalili Nafiseh Motevalizadeh Naeini Mehri Nassaji ZavarehThrough amending the Islamic Penal Code in 2013, article 234 of the Islamic Penal Code has been amended in relation to the punishment of the sodomy (which the Islamic Penal Code of 1370 punished his absolute death sentence). In the current law, the slaughter of the subj MoreThrough amending the Islamic Penal Code in 2013, article 234 of the Islamic Penal Code has been amended in relation to the punishment of the sodomy (which the Islamic Penal Code of 1370 punished his absolute death sentence). In the current law, the slaughter of the subject is conditional upon the condition of the guardian, the Onf or the non-applicable subject, and otherwise the penalty is considered to be one hundred whistleblowers. This great change in punishment has led us to look at the legal foundations of this article, in line with the provisions of the general rule of law, and the view that changing the punishment of this crime from severe to mild punishment would be a huge loss for society. Concerning the punishment of sodomy agents, we encounter two theories among the jurisprudents: the famous jurists believe that the punishment for sodomy in the case of anonymity and murder; in contrast to the unusual theory of jurisprudence that punish sodomy in the form of scapegoat, murder or furious, and if you do not know, he knows the creeps. In the article, which is based on the analytical method and using the library resources, criticizing the legislator regarding the disproportion between the sodomy punishment and the definition of sodomy, has examined the opinions expressed in jurisprudence and documented their validity. We believe that the punishment for murder for the subject is more consistent with the narrative and jurisprudential accuracy. Manuscript profile -
Open Access Article
44 - Jurisprudential review of the criminal responsibility of the non-observer in the crime of intentional homicide
Mohammad Nozari Ferdowsiye Alireza Rostami GHafasAbadi Mohammad Hosein JahaniSurveillance in the crime of murder, which facilitates the realization of the crime, is one of the examples of the vice and is punishable from the legal point of view due to the theory of the metaphor of the guilt of the vice from the main crime. And from the point of v MoreSurveillance in the crime of murder, which facilitates the realization of the crime, is one of the examples of the vice and is punishable from the legal point of view due to the theory of the metaphor of the guilt of the vice from the main crime. And from the point of view of jurisprudence, based on the existing traditions, the punishment of blinding the eye is foreseen for the watcher. But in the case of a supervisor who does not guard, the famous jurists do not consider any responsibility towards the supervisor. While assuming the existence of a legal duty and leaving the legal duty on the part of the supervisor, the order of criminal liability is undeniable. On the other hand, if there is no legal responsibility, by measuring the state of the observer in relation to the victim, it is possible to prove the order of criminal responsibility through being a deputy and causation. And by referring to the rule of "sanctity of helping the wrongdoer" and based on the rule of "tazir for the sake of forbidden things", the possibility of punishing non-custodian supervisors is proven. In this research, an attempt has been made to prove the criminal responsibility of the non-observer in the crime by examining different theories, so that the realization of crimes and social harms can be prevented by taking appropriate action from those present at the crime scene. Manuscript profile -
Open Access Article
45 - The Impact of the Death of the Intentional Murderer in Constancy of Blood Money in the Criminal Law of Iran
Majid ghourchibaygi Ali MalekiThe death of the intentional murderer is one of the instances that renders impossible the execution of retaliation (qisas) since the location for the execution of the retaliation which is the physical body of the murderer is eliminated. There has long been controversy a MoreThe death of the intentional murderer is one of the instances that renders impossible the execution of retaliation (qisas) since the location for the execution of the retaliation which is the physical body of the murderer is eliminated. There has long been controversy among jurists over the payment of blood money for murder in the case of the death of the murderer in deliberate homicide. Some jurists believe in the lapse of blood money with the death of the murderer. On the other hand, some other jurists consider the constancy of the payment of blood money with the impossibility of retaliation. And some even consider an elaboration and take a middle ground. Legislature is also affected by this diversity so that, before the approval of penal code in 1392, the legislators approved the lapse of blood money, but in the new penal code the previous attitude was abandoned and constancy of blood money is accepted. This paper examines the reasons and evidence of the opponents and advocates and elaborates on the quality of the inclusion in the rule of "No-Waste of Muslim Blood" on the issue of the death of the intentional murderer and considers the aforementioned rule is as the reason behind the ascertainment of blood money. This paper also demonstrates that, in the three situations recognized by tradition, the person responsible for payment of blood money differs in the death of the murderer of the third party compared to the two other kinds of murder. Manuscript profile -
Open Access Article
46 - Differences among Islamic Religions Regarding Murderer’s Disinheritance under Legal Gaps
fatemeh ghodrati Sayyd Mehdi Joukar Mohammad Ali AvandThe civil codes of Iran and Islamic religions are unanimous in a murderer’s disinheritance whereas they mention a number of secondary details that implies conflicts and leads to split decisions made by jurists or based on judicial practice. For example, a court of MoreThe civil codes of Iran and Islamic religions are unanimous in a murderer’s disinheritance whereas they mention a number of secondary details that implies conflicts and leads to split decisions made by jurists or based on judicial practice. For example, a court of law orders disinheritance upon any type of murdering, but large discrepancy exists among religions and their jurists. Moreover, juristice and legal ambiguities still can be found in the inheritance after abetment, the extent of inheritance deprivation in the absence of criminal intent, the effect of murder of Hajeb (someone who disinherits) as well as the prerequisites of inheritance deprivation and its range in various types of murders.The current study independently examines each view and extracts different viewpoints after analysis and criticism. Since Islamic jurists either take a dumb approach to some issues like abetting murderer, murder of Hajeb, and murdering without criminal intent, or do not provide sufficient explanations, the way must be paved by jurisprudence or inference of courts upon legal gaps. Some suggestions have been offered to overcome the problem. Manuscript profile -
Open Access Article
47 - Sociological Study of the Crime of Murder and Its Legal Consequences in Ramhormoz Province
Heshmat Badami Hormoz Asadi Koohbad Seyed Hassan HosseiniReceive Date: 2022/10/05 Revise Date: 2022/11/27   MoreReceive Date: 2022/10/05 Revise Date: 2022/11/27 Accept Date: 2022/12/17 The objective of this research is the sociological study of murder and its legal implications in Ramhormoz province. The research population comprises all prisoners in Ramhormoz that a sample by volume of 70 individuals selected using an available sampling method. The findings of this research revealed that in the discussion of murders’ occurence place, the majority of murders occurred in secluded locations. Regarding gender, age, and marital status, it was found that most murders are commited by men and women fewer commited this crime, and unmarried individuals commit murder nearly twice as often as married individuals. Additionally, the highest rate of involvement in murder cases are in the age group pf 20-40. In education discussion, the educated individuals with university degree rarely commited murder and on the contrary, those with no education degree and particularly elementary education, are more likely to be involved. Low education and lack of university degree can be considered as influential factors in the occurrence of murders. Unemployment also emerges as a significant factor in the occurrence of murders that the highest number of murders committed by unemployed individuals and those who engaged in seasonal or temporary works . Thus, ethnic and tribal prejudices and the illicit transfer of weapons among clans, drug trafficking, unemployment and poverty are influential factors contributing to the occurrence of murders in Ramhormoz province. Manuscript profile -
Open Access Article
48 - Muqatil al-Hussein (AS) and the site of Seyyed Ahmad Ardakani's Hosseiniyyah Cemetery
zahra Yazdani Alireza Ghojezade Ashraf CheginRawdat Hosseiniyah, written by Sayyid Ahmad Ardakani Yazdi (13 AH), written by a Persian writer. The main subject of this topic is the influence of Zindgani on Imam Hussein (peace be upon him) and the reality of Jangdaz Ashura and Karbala. Radkani, the transfer of Harqi MoreRawdat Hosseiniyah, written by Sayyid Ahmad Ardakani Yazdi (13 AH), written by a Persian writer. The main subject of this topic is the influence of Zindgani on Imam Hussein (peace be upon him) and the reality of Jangdaz Ashura and Karbala. Radkani, the transfer of Harqi, a subject of Sanadi, with the memory of Nam Rawi and the owner of his arguments, Dada, with a solution and the interpretation of his relaxation, and the translation of verses, verses, verses, transmission of her, narrators, and killing of his Radakh In the garden of Husseini, there are demands and a reliable chain of transmission with its nonsense, and in the face of the garden of Khawanan and its battle, there are traces of falsehood regarding the reality of Karbala and the testimonies of Imam Hussein (peace be upon him), his opinions, Dadand, Dori Justest. A comprehensive collection of texts, narrations and hadiths of respected Shiite scholars with a sad and sad identity, under the supervision and supervision of Al-Amali Sheikh Saduq, Alaam Al-Wari Tabarsi, Al-Mallah And Sayyid bin Tawoos and... Niz Tafsiri; From the interpretation of Ibn Abbas, Imam Hassan Askari (peace be upon him) and... his counterparts are weak in the face of suspicions and weak narrations regarding the testimonies of Imam Hussein (peace be upon him) and the reality of Karbala, see below. Ardakani has two copies of the books translated by Muqatil, Hamshun Lahof Sayyid Tawoos and... received a response. Manuscript profile -
Open Access Article
49 - Family killings sociological explanation (Ardebil, 1394/2015)
Taha Ashayeri MOHAMMAD JAVANMARD Ali jahangirpourFamily killings are part of the social harm and violence, that in developing countries more than developed countries. Family killings are part of a murder among in-laws, relative or a family member occur motivated and different contexts. The aim of the present study soc MoreFamily killings are part of the social harm and violence, that in developing countries more than developed countries. Family killings are part of a murder among in-laws, relative or a family member occur motivated and different contexts. The aim of the present study sociological explanation for Family murders using survey method and questionnaire technique is to answer the research question. Morgan’s formula to determine the sample size of 194 people and criterion validity has been confirmed by Cronbach's alpha. The findings indicate that the ethical, cultural revenge, hereditary divisions - civil, issues of honor, patriarchal family structure, secularization violence, social monitoring and ignorance of the laws of family honor killings correlated with marital discord, family relationship variables were not significant. Regression results show that the coefficient of determination is equal to 38/0 and multiple correlation coefficients equal to 42/0. Manuscript profile -
Open Access Article
50 - Diya and its compatibility with the six titles
Fatima GilakBlood money and itsaccordance to the sixtopics Dr seyed Mohammad Sadegh Mousavi Fatemeh Gilak Abstract Islam has also set special laws regarding the individual and social rights of man. One of these laws which is the right of a muslim whose blood has been wrondy MoreBlood money and itsaccordance to the sixtopics Dr seyed Mohammad Sadegh Mousavi Fatemeh Gilak Abstract Islam has also set special laws regarding the individual and social rights of man. One of these laws which is the right of a muslim whose blood has been wrondy spilled is nemesis and payment of blood- money, which is required for first degree murder and manslaughter. In Islam, frist degree murder has been defined under six headings. These headings consist of one-hundred camels, two-hundred cows, one-thousand sheep, one- thousand Dinars, ten-thousand Derhams, and two- hundred"Helleho", Furthermore, in the true religion of Islam, nemesis for harm to loody parts, profits, and the senses is also required. From the past until now, religious experts and scholars have analysed these points, andimportantissus have been set forth, Hence, this study looks, into the analysis of these points. Keywords: Blood money, Second degree murder, Man slaughter, Absolutely erroneous, First degree murder. Manuscript profile -
Open Access Article
51 - Criteria for distinguishing murder from the perspective of five Denominations
sara Akhundi Younes Wahed Yarijan Muhammad Rasul AhangariyanThe present article has been done by descriptive-analytical method with the aim of examining the criteria for distinguishing murder from the perspective of Khamseh religions. It is a method of collecting library information. The jurists of the five religions comment on MoreThe present article has been done by descriptive-analytical method with the aim of examining the criteria for distinguishing murder from the perspective of Khamseh religions. It is a method of collecting library information. The jurists of the five religions comment on the criteria, forms and instances of intentional, quasi-intentional and erroneous murder. Consequently, the divisions they provide for each are studied and then compared and compared. The five well-known jurisprudential religions (Imamiyya, Shafi'i, Hanafi, Malikiyah, and Hanbaliyah) disagree on the issue of murder and its types based on the criteria set for each type, despite their commonalities. To be. In this article, first the famous opinion or consensus of Imami jurists about the criteria and forms of intentional, quasi-intentional and erroneous murder and consequently the divisions they have provided for each and then the views of the jurists of each of the four Sunni religions about Those criteria have been considered and its distinction has been examined, because the type of murder is determined based on the distinction criterion, and the criminal responsibility of each is determined. Manuscript profile -
Open Access Article
52 - Siyāvash in Persian Literature
نسرین شکیبی ممتاز Siyāvash, a mythical figure in Persian mythology, is an important character in Shāhnāmeh, Ferdowsi’s epic. He is the symbol of purity and innocence in Persian culture. The present article, by taking into account the historical debates on Siyāvash, More Siyāvash, a mythical figure in Persian mythology, is an important character in Shāhnāmeh, Ferdowsi’s epic. He is the symbol of purity and innocence in Persian culture. The present article, by taking into account the historical debates on Siyāvash, tries to illuminate his character in Persian literature. Manuscript profile -
Open Access Article
53 - Negative Manifestations of Anima in Literature and Myths
Asgar Salāhi Jafar EshqīAccording to the theory of Carl Gustav Jung, every man has an eternal image of woman in his unconscious that, in his psychological heritage, is sediment of all his experiences about woman in all ages. Jung calls this image anima. Learning about symbolic type is the only MoreAccording to the theory of Carl Gustav Jung, every man has an eternal image of woman in his unconscious that, in his psychological heritage, is sediment of all his experiences about woman in all ages. Jung calls this image anima. Learning about symbolic type is the only way to understand the archetype, for the archetype of anima is revealed in human conscious in a symbolic way. With decreasing level of consciousness, anima, as a universal symbol and like other archetypes, enters conscious by dreams, imaginative inventions, myths, literature then it is revealed. Literary texts are full of archetypal images and anima. ‘Murder of lovers’, ‘sensual imaginations’, ‘sensitivity of men’ as three negative manifestations of anima in Jung’s theory have been presented in Iranian cultural elements like literature and myths. The present article tries to analyze these manifestations by using analytic-descriptive method and library sources. Manuscript profile -
Open Access Article
54 - Analyzing different jurisprudential and legal opinions on reluctance in murder with an emphasis on Islamic criminal jurisprudence
mostafa katebi mohamadreza elmisola hosein naseri moqadamBackground 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 MoreBackground 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
55 - Investigation the typically deadly acts and lethal weapon in Iranian criminal law (according to the Islamic Penal Code adopted in 1392)
masoud Fadaei Dehcheshmeh Asal Azemeyan amir Soleymani"Intent to typically deadly act" is a phrase that is specified in the articles related to premeditated murder (paragraphs b and c of Article 206 of the Law of 1991 and paragraphs B and C of Article 290 of the Law adopted in 2013); This restriction is interpreted in diff More"Intent to typically deadly act" is a phrase that is specified in the articles related to premeditated murder (paragraphs b and c of Article 206 of the Law of 1991 and paragraphs B and C of Article 290 of the Law adopted in 2013); This restriction is interpreted in different ways by the legislature in the terminology of jurists in terms of not providing a definition of it. The important point is that this rule merges with kind of murder which used instrument in, and causes ambiguities that some consider typically deadly acts mean same as the murder which used instrumet.It was sufficient Judicialy the mere of the using deadly weapon regardless of the position of the blow, the sensitivity and the absence of the position to carry out the premeditated murder. We believe that both of, "typically lethal" and "lethal weapon," are two separate concepts, meaning that the lethal weapon is the instrument used in murder and does not have a specif meaning in murder, and only should He looked at it to prove the murder and the means by which the murder was committed. In this article, we intend to address some of the ambiguities and drawbacks about this approach and its distinction from the instrument used in murder. This research has been done in the form of a library-documents that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile -
Open Access Article
56 - Investigating the preventive approaches to the occurrence of serial murders by looking at the case of serial murders of Mahin Ghadiri
farzin afrooz amirreza mahmoudi vahid zarei sharif tayyebeh ghodrati siyahmazgiSerial murders are one of the reprehensible phenomena of human crimes today and are important topics of sociological, developmental, criminology and psychology approaches. Serial murders are not a new phenomenon and unique to one part of the world, but can be seen in al MoreSerial murders are one of the reprehensible phenomena of human crimes today and are important topics of sociological, developmental, criminology and psychology approaches. Serial murders are not a new phenomenon and unique to one part of the world, but can be seen in all countries of the world and are a relatively rare phenomenon, but the negative effects of such crimes affect society. Serial killers are not the same in many ways, including their motives for committing crimes and their behavior at the crime scene. Serial murders are very important in terms of criminology and psychology because a person is able to kill more than one person. The occurrence of serial murders has an internal and psychological origin rather than an external and environmental origin. In fact, it is very important to explore the important question of why someone kills people serially and what are its preventive approaches. With this description, the focus of the discussion in this article is the etiology of serial murders from the psychological dimension and based on the personality disorders of the perpetrators and its preventive ways with an approach to the case of Mahin Qadiri with a descriptive-analytical method. Manuscript profile -
Open Access Article
57 - Investigation & Evaluation of the Impact of Utilitarianism in Murder on the Quality and Amount of Punishment for the Perpetrator
mohamad javanbakht zahra tajarei moazzeneiHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an MoreHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an attack by a crazy person, which are considered justified despite being intentional. It is to be noted that intentional murder is taking the life of another person life with malice. Regarding this crime, the primary victimized person, who loses life as the significant life capital, sometimes creates the grounds for committing the crime. As a result, they are the ones who motivate the murderer. Therefore, creating a favorable situation and conditions for committing a crime by the victim, which creates a dangerous situation for the murderer, and the one who inevitably commits the crime, makes the murder beneficial for the perpetrator. The present study aimed to elaborate the approach of Imamiyah jurisprudence and, accordingly, the criminal law related to the perpetrators of murder based on benefit. The results derived by descriptive-analytical study of related jurisprudence and legal sources indicate that the newly emerging criminological subject has been the focus of thinkers in Imamiyah jurisprudence and criminal law. Perpetrators of such criminal behavior are not considered blameworthy, and a permissive and sometimes reductionist approach is taken toward them. Moreover, this is what has been taken in the subject of criminal law. Manuscript profile -
Open Access Article
58 - Reviewing the criminal responsibility of committing crimes by robots
Nahid Dehghan AfifiRobots are man-made machines designed for various purposes. The advancement of technology has envisioned different uses for them. Their deployment in wars and as weapons is a legal and jurisprudential question, which requires criminal liability for deliberate destructio MoreRobots are man-made machines designed for various purposes. The advancement of technology has envisioned different uses for them. Their deployment in wars and as weapons is a legal and jurisprudential question, which requires criminal liability for deliberate destruction through them. Understanding the concepts of robot, criminal offenses, cause and agent, commander, destruction, instrument, will be of great help in tackling this problem. Documents in proof of criminal responsibility can be verses that indicate a suretyship through the public. And the application and generality of hadiths, as well as the rule of indirect destruction, which is derived from reason and narration, are the other reasons in this context. Commander’s verity to the designer of such machines, the attention of the surety to non-addicted robots and the attention of the surety to multiple designers, as well as the investigation of causality or stewardship in intelligent robots and assaulting (warrior) robots are other jurisprudential branches of this issue. The role of the robot in performing such actions is a rational concern and cannot be doubted. Manuscript profile
Sanad
Sanad is a platform for managing Azad University publications
Links
Related Centers
Technical Support
Official pages
The rights to this website are owned by the Raimag Press Management System.
Copyright © 2021-2024