CRIMINAL INVESTIGATION OF CHILDREN AND IMMIGRANTS IN IMAMIYAH JURISPRUDENCE

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NAJAFI RAZIEH; YAHYAPOUR MOHADDESEH

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Journal Paper

Paper Information

Journal: JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR) Year:2018 | Volume:2 | Issue:6 Page(s): 297-323

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Information Journal Paper

Title

CRIMINAL INVESTIGATION OF CHILDREN AND IMMIGRANTS IN IMAMIYAH JURISPRUDENCE

Author(s)

NAJAFI RAZIEH | YAHYAPOUR MOHADDESEH | Issue Writer Certificate

Keywords

CRIMINAL RESPONSIBILITYQ2

CHILDQ1

INSANEQ1

IMAMIE JURISPRUDENCEQ1

Abstract

The ruling on the sanction and discipline of CHILDren is not in conflict with the hadith and the lack of criminal liability for them. In other words, since the criminal law of Islam, the rational system and the deliberate policy, has chosen a middle ground in relation to delinquent CHILDren; no CHILDren have been exempted from any liability in the general sense, nor have they been held accountable to adults But to determine the extent of CRIMINAL RESPONSIBILITY in this comprehensive legal system, taking into account the physical and psychological conditions of CHILDren and the degree to which they are formed in a clean way. Therefore, the Islamic religion in its criminal law, considering the importance of the problem of CHILD crime and their correction in the future of the individual and society, is considered necessary for the adoption of some security and educational measures and even the implementation of some maltreatment punishments and measures. He has ordered some disciplines and punishments such as blaming, rebuking, beatings and ... ordering them. In addition, in Imamieh jurisprudence, Majnoon has no responsibility and responsibility, this reason is that the limit in the traditions does not contain ta'zir, and the narrations which make it necessary to consider the expediency of performing Ta'zir is binding on this narrative. As a result, the second judgment is the fall of the uniquely narrow circle, there is no other reason for this issue, so ta'zir is suppressed with madness.

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APA: Copy

NAJAFI, RAZIEH, & YAHYAPOUR, MOHADDESEH. (2018). CRIMINAL INVESTIGATION OF CHILDREN AND IMMIGRANTS IN IMAMIYAH JURISPRUDENCE. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), 2(6 ), 297-323. SID. https://sid.ir/paper/259674/en

Vancouver: Copy

NAJAFI RAZIEH, YAHYAPOUR MOHADDESEH. CRIMINAL INVESTIGATION OF CHILDREN AND IMMIGRANTS IN IMAMIYAH JURISPRUDENCE. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)[Internet]. 2018;2(6 ):297-323. Available from: https://sid.ir/paper/259674/en

IEEE: Copy

RAZIEH NAJAFI, and MOHADDESEH YAHYAPOUR, “CRIMINAL INVESTIGATION OF CHILDREN AND IMMIGRANTS IN IMAMIYAH JURISPRUDENCE,” JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), vol. 2, no. 6 , pp. 297–323, 2018, [Online]. Available: https://sid.ir/paper/259674/en

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