AN ANALYSIS OF MURDER OF NON-MUSLIM IN ISLAMIC LAW AND STATUTORY CRIMINAL LAW OF IRAN

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KALANTARI KIOMARS; KARIMI QAHREMAN

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Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2011 | Volume:13 | Issue:32 Page(s): 265-292

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Title

AN ANALYSIS OF MURDER OF NON-MUSLIM IN ISLAMIC LAW AND STATUTORY CRIMINAL LAW OF IRAN

Author(s)

KALANTARI KIOMARS | KARIMI QAHREMAN | Issue Writer Certificate

Keywords

RETALIATIONQ2

NON-MUSLIMQ2

MURDERQ2

Abstract

In Islam and Iran criminal law, sanction for MURDER, with some special conditions, is RETALIATION. One of these conditions is religious sameness of MURDER and MURDERed. A general principle is that, from the religious point of view inferior regarding to religion against superior is avenged but superior regarding to religion against inferior will not avenged.Religious sameness provides possibility of RETALIATION too. This principle is not accepted by all Islamic creeds and Hanafians do not regard it necessary and they believe in soul immunity sameness for Muslims and NON-MUSLIMs. In addition maybe sometimes religion convert affects possibility of RETALIATION execution. Iranian legislation in many aspects, for some perceivable reasons, has been silent about NON-MUSLIMs MURDER and in such cases because of law system of this country, Islamic jurisprudence is referred and this reference has a lot of ambiguity and problems.

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APA: Copy

KALANTARI, KIOMARS, & KARIMI, QAHREMAN. (2011). AN ANALYSIS OF MURDER OF NON-MUSLIM IN ISLAMIC LAW AND STATUTORY CRIMINAL LAW OF IRAN. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 13(32), 265-292. SID. https://sid.ir/paper/225226/en

Vancouver: Copy

KALANTARI KIOMARS, KARIMI QAHREMAN. AN ANALYSIS OF MURDER OF NON-MUSLIM IN ISLAMIC LAW AND STATUTORY CRIMINAL LAW OF IRAN. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2011;13(32):265-292. Available from: https://sid.ir/paper/225226/en

IEEE: Copy

KIOMARS KALANTARI, and QAHREMAN KARIMI, “AN ANALYSIS OF MURDER OF NON-MUSLIM IN ISLAMIC LAW AND STATUTORY CRIMINAL LAW OF IRAN,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 13, no. 32, pp. 265–292, 2011, [Online]. Available: https://sid.ir/paper/225226/en

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