LEGAL AND PENAL ANALYSIS OF ARTICLE 268 OF ISLAMIC PUNISHMENT LAW

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HABIBI JAVAD

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Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2011 | Volume:7 | Issue:25 Page(s): 25-42

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Title

LEGAL AND PENAL ANALYSIS OF ARTICLE 268 OF ISLAMIC PUNISHMENT LAW

Author(s)

HABIBI JAVAD | Issue Writer Certificate

Keywords

MURDERQ2

RETALIATIONQ2

BLOOD-MONEYQ2

FORGIVENESSQ2

VICTIM PARENTSQ3

Abstract

According 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.

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APA: Copy

HABIBI, JAVAD. (2011). LEGAL AND PENAL ANALYSIS OF ARTICLE 268 OF ISLAMIC PUNISHMENT LAW. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 7(25), 25-42. SID. https://sid.ir/paper/134262/en

Vancouver: Copy

HABIBI JAVAD. LEGAL AND PENAL ANALYSIS OF ARTICLE 268 OF ISLAMIC PUNISHMENT LAW. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2011;7(25):25-42. Available from: https://sid.ir/paper/134262/en

IEEE: Copy

JAVAD HABIBI, “LEGAL AND PENAL ANALYSIS OF ARTICLE 268 OF ISLAMIC PUNISHMENT LAW,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 7, no. 25, pp. 25–42, 2011, [Online]. Available: https://sid.ir/paper/134262/en

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