Investigation of the Contract of Shelter in Support of the Life of the Infidel Holding the Contract (Homicide) from the Perspective of Jurisprudence and Article 310 of the Islamic Penal Code

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Moazzami Goodarzi Mahdi; MOMENIRAD AHMAD; Moazami Goodarzi Muhammad

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Journal: CRIMINAL LAW DOCTRINES Year:2019 | Volume:16 | Issue:17 Page(s): 99-128

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Title

Investigation of the Contract of Shelter in Support of the Life of the Infidel Holding the Contract (Homicide) from the Perspective of Jurisprudence and Article 310 of the Islamic Penal Code

Author(s)

Moazzami Goodarzi Mahdi | MOMENIRAD AHMAD | Moazami Goodarzi Muhammad | Issue Writer Certificate

Keywords

The contract of shelterQ1

ShelteringQ1

Citizenship rightQ1

InfidelQ2

Sheltered manQ1

Abstract

One of the provisions of the right to citizenship through The contract of shelter is the life support (homicide) of the citizen (the sheltered Infidel). This is followed by a positive aspect-meaning punishment for the offenders for the life of the citizen-and a negative which is as a punishment reduction of citizen against non-citizens. But the question discussed in this article is what kind of support we have for the Infidel in the area of life support (premeditated murder) in both aspects, from the perspective of the Imamate jurists, and to what extent it is reflected under Article 310 ICL which is responsible for this important issue. This analytical-descriptive essay concludes, in the positive aspect, that life support for the sheltered Infidel, will be sentenced to imprisonment if he is a Muslim, and in a case in which the murderer is a non-Muslim, he will be sentenced to retribution. But life support of the sheltered Infidel in the negative aspect, is to sentence the perpetuator to imprisonment if the victim is a waring Infidel, and to sentence to retribution otherwise. This approach is, to some extent, reflected in the article 310 ICL.

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APA: Copy

Moazzami Goodarzi, Mahdi, MOMENIRAD, AHMAD, & Moazami Goodarzi, Muhammad. (2019). Investigation of the Contract of Shelter in Support of the Life of the Infidel Holding the Contract (Homicide) from the Perspective of Jurisprudence and Article 310 of the Islamic Penal Code. CRIMINAL LAW DOCTRINES, 16(17 ), 99-128. SID. https://sid.ir/paper/216024/en

Vancouver: Copy

Moazzami Goodarzi Mahdi, MOMENIRAD AHMAD, Moazami Goodarzi Muhammad. Investigation of the Contract of Shelter in Support of the Life of the Infidel Holding the Contract (Homicide) from the Perspective of Jurisprudence and Article 310 of the Islamic Penal Code. CRIMINAL LAW DOCTRINES[Internet]. 2019;16(17 ):99-128. Available from: https://sid.ir/paper/216024/en

IEEE: Copy

Mahdi Moazzami Goodarzi, AHMAD MOMENIRAD, and Muhammad Moazami Goodarzi, “Investigation of the Contract of Shelter in Support of the Life of the Infidel Holding the Contract (Homicide) from the Perspective of Jurisprudence and Article 310 of the Islamic Penal Code,” CRIMINAL LAW DOCTRINES, vol. 16, no. 17 , pp. 99–128, 2019, [Online]. Available: https://sid.ir/paper/216024/en

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