JURISPRUDENTIAL REFLECTION ON THE SIGNIFIED OF ARTICLE 440 IN ISLAMIC PENAL STATUTE

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

ABOLHASSANKOLAEI SEYYEDE MAHBOUBEH; MOHSENI DEHKALANY MOHAMMAD; JAHANI ALI AKBAR

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2018 | Volume:14 | Issue:51 Page(s): 33-52

Download Full-Text

Persian Verion

View:

1,095

Download:

Cites:

Information Journal Paper

Title

JURISPRUDENTIAL REFLECTION ON THE SIGNIFIED OF ARTICLE 440 IN ISLAMIC PENAL STATUTE

Author(s)

ABOLHASSANKOLAEI SEYYEDE MAHBOUBEH | MOHSENI DEHKALANY MOHAMMAD | JAHANI ALI AKBAR | Issue Writer Certificate

Keywords

CRIMINALQ1

RETALIATIONQ2

SPREADQ1

RECOVERQ1

DELAYQ1

Abstract

When a CRIMINAL is sentenced to RETALIATION for crimes less than death, the demand of someone who has been committed a crime against him is sufficient for RETALIATION. This question may be raised that whether the complete RETALIATION of an injury of CRIMINAL, prior to the establishment of full RECOVERy in the real crime victim is permissible or not? Famous jurists based on the Qur' anic generalities and absolutes, and no-spread principle, made the license of RETALIATION before RECOVERy of their own principle. In contrast, some jurists have not accepted the license of RETALIATION before RECOVERy. And some others have divided between the injuries that are typically SPREADing and injuries which do not SPREAD. It is noteworthy that the legislator has provided and presented in Article 440 of Islamic Penal statute. But before executing a life RETALIATION, the heir authority should pay the blood money of crime as retaliating perpetrator`s. And if the emerged SPREAD is considered unintentionally, the perpetrator is condemned to pay the blood money which is committed by the SPREAD, and does not diminish the amount of the blood money RETALIATION. The authors, after reviewing the issue and with great care in its documentation, believe that the lack of RETALIATION permission has no legal basis. Ultimately, they choose "the divisiveness view" as their choice.

Cites

No record.

References

No record.

Cite

APA: Copy

ABOLHASSANKOLAEI, SEYYEDE MAHBOUBEH, MOHSENI DEHKALANY, MOHAMMAD, & JAHANI, ALI AKBAR. (2018). JURISPRUDENTIAL REFLECTION ON THE SIGNIFIED OF ARTICLE 440 IN ISLAMIC PENAL STATUTE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 14(51 ), 33-52. SID. https://sid.ir/paper/134372/en

Vancouver: Copy

ABOLHASSANKOLAEI SEYYEDE MAHBOUBEH, MOHSENI DEHKALANY MOHAMMAD, JAHANI ALI AKBAR. JURISPRUDENTIAL REFLECTION ON THE SIGNIFIED OF ARTICLE 440 IN ISLAMIC PENAL STATUTE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2018;14(51 ):33-52. Available from: https://sid.ir/paper/134372/en

IEEE: Copy

SEYYEDE MAHBOUBEH ABOLHASSANKOLAEI, MOHAMMAD MOHSENI DEHKALANY, and ALI AKBAR JAHANI, “JURISPRUDENTIAL REFLECTION ON THE SIGNIFIED OF ARTICLE 440 IN ISLAMIC PENAL STATUTE,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 14, no. 51 , pp. 33–52, 2018, [Online]. Available: https://sid.ir/paper/134372/en

Related Journal Papers