LEGAL-JURISPRUDENTIAL ANALYSIS OF HAD EXECUTION ON A CONVICTED AFTER MADNESS

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.

ABBASI MAHMOUD; GHOLAMI NABIOLLAH

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

Journal Paper

Paper Information

Journal: Medical Figh Year:2017 | Volume:9 | Issue:30-31 Page(s): 77-90

Download Full-Text

Persian Verion

View:

1,356

Download:

Cites:

Information Journal Paper

Title

LEGAL-JURISPRUDENTIAL ANALYSIS OF HAD EXECUTION ON A CONVICTED AFTER MADNESS

Author(s)

ABBASI MAHMOUD | GHOLAMI NABIOLLAH | Issue Writer Certificate

Keywords

MADNESSQ2

EXECUTING THE HADQ1

HAD OF RAJMQ1

CASE HADQ1

Abstract

One of the topics which are discussed among jurists and lawyers both in jurisprudence and law, is executing or not executing Had on a wise person who has committed a crime and after that become insane. In fact in this case, the debate is whether Had is executed on this person in the same state of insanity, it will be abandoned or it is delayed until improvement.The present study is a developed and applied research in terms of purpose and a qualitative research in terms of nature. Applied method is descriptive-analytic and library resources were used. Dominated approach of early and late jurisprudents, is executing Had in the same state of insanity. But among contemporary jurisprudent, there is a dispute over this issue and both theories have advocates. Proponents of the execution of Had have cited on applying the reasons for Hodud, consensus, adjudicating on the survival of the religious order or the subject of the order, whose survival is suspect and Abu Abydeh’s Sahiheh. In contrast, proponents of not executing of order have resorted to reasoned like the Dara and uselessness of EXECUTING THE HAD on the insane in addition to criticizing the arguments of the first group. Studying Iranian criminal laws shows that although the legislator approach is critical about ineffectiveness of insanity on executing Had on sentenced to insane, however particularly in some cases, insanity of defendant is a factor for delaying executing Had.The result of this research indicates that in the current laws of Iran, according to the first part of note 1 of Article 150 of the Islamic penal code (2013) and also Articles 502 and 503 of criminal procedure code (2013), insanity of defendant doesn’t prevent punitive penalty in any case and in the case that executing punitive penalty cause exacerbations of the disease or delaying in improvement, executing penalty is temporally delayed, otherwise punitive penalty is executed in the insanity.

Cites

No record.

References

No record.

Cite

APA: Copy

ABBASI, MAHMOUD, & GHOLAMI, NABIOLLAH. (2017). LEGAL-JURISPRUDENTIAL ANALYSIS OF HAD EXECUTION ON A CONVICTED AFTER MADNESS. MEDICAL FIGH QUARTERLY, 9(30-31 ), 77-90. SID. https://sid.ir/paper/195183/en

Vancouver: Copy

ABBASI MAHMOUD, GHOLAMI NABIOLLAH. LEGAL-JURISPRUDENTIAL ANALYSIS OF HAD EXECUTION ON A CONVICTED AFTER MADNESS. MEDICAL FIGH QUARTERLY[Internet]. 2017;9(30-31 ):77-90. Available from: https://sid.ir/paper/195183/en

IEEE: Copy

MAHMOUD ABBASI, and NABIOLLAH GHOLAMI, “LEGAL-JURISPRUDENTIAL ANALYSIS OF HAD EXECUTION ON A CONVICTED AFTER MADNESS,” MEDICAL FIGH QUARTERLY, vol. 9, no. 30-31 , pp. 77–90, 2017, [Online]. Available: https://sid.ir/paper/195183/en

Related Journal Papers