Dynamic Jurisprudence and Conflict Settlement of the Islamic Republic of Iran with International Conventions on the Prohibition of Executions of Individuals for Crimes Committed bellow the Age of 18

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Mohebali Amirhossein; Orooji Ali; IMANI ZAHRA

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Journal: Year:2020 | Volume:19 | Issue:42 Page(s): 95-127

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Information Journal Paper

Title

Dynamic Jurisprudence and Conflict Settlement of the Islamic Republic of Iran with International Conventions on the Prohibition of Executions of Individuals for Crimes Committed bellow the Age of 18

Author(s)

Mohebali Amirhossein | Orooji Ali | IMANI ZAHRA | Issue Writer Certificate

Keywords

Child Rights

Human rights instruments

dynamic jurisprudence

Domestic Law

Juvenile Execution

Abstract

The right to life, in accordance with the International Covenant on Civil and Political Rights, is a non derogable right. Article 4, paragraph 2, of the Covenant considers Article 6 (right to life) to be irreparable. Article 6, of course, does not speak of the absolute prohibition of life annulment and preserves it solely for the most serious crimes and observes the conditions. On the other hand, in paragraph 5, he speaks of the absolute ban on the execution of people under the age of 18 and pregnant women. One of the controversies of the Islamic Republic of Iran with these treaties is the discussion about the minimum age of the child for criminal responsibility and specially execution, which the international human rights documents and bodies consider to be 18 years of age. But our jurisprudents have taken to criminal responsibility for age is 9 lunar years for girls and 15 lunar years for boys. This is all the while, unlike Sunnis, who believe that blocking the Ijthad after the four Imams, the Shi'i jurisprudence is characteristic of dynasties, ijtihad, and the high place of tradition and soul. The jurisprudential reasons regarding the issue of maturity and exodus from a childhood are very diverse and the Holy Quran distinguishes between puberty and growth. So that it can avoid conflicts with a Human rights instruments and human rights law and consider 18 years old for understanding the consequences of the crime in case of children.

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APA: Copy

Mohebali, Amirhossein, Orooji, Ali, & IMANI, ZAHRA. (2020). Dynamic Jurisprudence and Conflict Settlement of the Islamic Republic of Iran with International Conventions on the Prohibition of Executions of Individuals for Crimes Committed bellow the Age of 18. JOURNAL OF LEGAL RESEARCH, 19(42 ), 95-127. SID. https://sid.ir/paper/1008002/en

Vancouver: Copy

Mohebali Amirhossein, Orooji Ali, IMANI ZAHRA. Dynamic Jurisprudence and Conflict Settlement of the Islamic Republic of Iran with International Conventions on the Prohibition of Executions of Individuals for Crimes Committed bellow the Age of 18. JOURNAL OF LEGAL RESEARCH[Internet]. 2020;19(42 ):95-127. Available from: https://sid.ir/paper/1008002/en

IEEE: Copy

Amirhossein Mohebali, Ali Orooji, and ZAHRA IMANI, “Dynamic Jurisprudence and Conflict Settlement of the Islamic Republic of Iran with International Conventions on the Prohibition of Executions of Individuals for Crimes Committed bellow the Age of 18,” JOURNAL OF LEGAL RESEARCH, vol. 19, no. 42 , pp. 95–127, 2020, [Online]. Available: https://sid.ir/paper/1008002/en

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