STUDY OF POSSIBILITY OF COMMISSION OF THE MURDER BY OMISSION IN ISLAMIC JURISPRUDENCE AND CRIMINAL LAW OF IRAN

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SHAKERI ABOLHASAN; MORADI KANDALATI ESFANDIAR

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2010 | Volume:42 | Issue:1 Page(s): 107-124

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Information Journal Paper

Title

STUDY OF POSSIBILITY OF COMMISSION OF THE MURDER BY OMISSION IN ISLAMIC JURISPRUDENCE AND CRIMINAL LAW OF IRAN

Author(s)

SHAKERI ABOLHASAN | MORADI KANDALATI ESFANDIAR | Issue Writer Certificate

Keywords

OMISSIONQ2

ACTQ2

KILLINGQ3

VOLUNTARYQ3

ISLAMIC PENAL CODEQ3

Abstract

OMISSION that leads to death of another is crime in criminal law of Iran, whether doing it being duty of forsaker or not. In the first case, that person has not obligation or duty toward another, not for KILLING of victim but by virtue of first part of single-article of bill of the penal code of 1354, forsaker becomes convicted due to refrain from help to injuries and body hazards removal. In second case, forsaker, based on law, contract or custom has had duty for preventing of effect of KILLING of incidence causes, if he/she abandons voluntarily with the intention of KILLING of victim his/her ACTion, is murder and it will be included the article of 206 of ISLAMIC PENAL CODE. ISLAMIC PENAL CODE with mentioning word of ACT in three parts of the article of 206 of ISLAMIC PENAL CODE that means behavior, has accepted this sum duty and abandonment arising from it as murder crime. In this case, the custom establishes causation between the accused's behavior and death of victim, although from material view point, causation between these cannot be established.

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APA: Copy

SHAKERI, ABOLHASAN, & MORADI KANDALATI, ESFANDIAR. (2010). STUDY OF POSSIBILITY OF COMMISSION OF THE MURDER BY OMISSION IN ISLAMIC JURISPRUDENCE AND CRIMINAL LAW OF IRAN. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 42(1), 107-124. SID. https://sid.ir/paper/198549/en

Vancouver: Copy

SHAKERI ABOLHASAN, MORADI KANDALATI ESFANDIAR. STUDY OF POSSIBILITY OF COMMISSION OF THE MURDER BY OMISSION IN ISLAMIC JURISPRUDENCE AND CRIMINAL LAW OF IRAN. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2010;42(1):107-124. Available from: https://sid.ir/paper/198549/en

IEEE: Copy

ABOLHASAN SHAKERI, and ESFANDIAR MORADI KANDALATI, “STUDY OF POSSIBILITY OF COMMISSION OF THE MURDER BY OMISSION IN ISLAMIC JURISPRUDENCE AND CRIMINAL LAW OF IRAN,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 42, no. 1, pp. 107–124, 2010, [Online]. Available: https://sid.ir/paper/198549/en

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