List of Articles murderer

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Relationship between the kinship of the murderer and murdered and the decision of the avengers of blood in premeditated murder (case study of premeditated murder cases in Tehran province)
  shaghayegh akbari ghasem ghasemi nasrin mehra Mohammad Ali Mahdavisabet
  10.30495/jlap.2022.20569
  According to Iran's Penal Code, in intentional murder cases requiring retribution, the authority to determine the punishment is entrusted to the avengers of blood and since decision’s type can fluctuate, from retribution to forgiveness, it is very important to the More

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

  According 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
  • Abstract Page
  • Full-Text
  
  3 - A study on Rhetorical Educational Fineness of Maedeh's 32 Verse in Preventing Murder
  Amir Hamzeh Salarzayi Zahra Beig Zadeh
  Physically 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 More

  Physically 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
  • Abstract Page
  • Full-Text
  
  4 - Quranic and Validity of the Retribution of the Murderer of the Murdered Woman
  Fatemeh Mohammadi Davoud Dadash Nezhad Morteza Barati
  Murder 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 More

  Murder 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
  • Abstract Page
  • Full-Text
  
  5 - The Impact of the Death of the Intentional Murderer in Constancy of Blood Money in the Criminal Law of Iran
  Majid ghourchibaygi Ali Maleki
  10.22034/ijrj.2020.673327
  The 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 More

  The 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
  • Abstract Page
  • Full-Text
  
  6 - Differences among Islamic Religions Regarding Murderer’s Disinheritance under Legal Gaps
  fatemeh ghodrati Sayyd Mehdi Joukar Mohammad Ali Avand
  10.22034/ijrj.2021.687048
  The 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 More

  The 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
  • Abstract Page
  • Full-Text
  
  7 - 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