Islamic Criminal Policy on Death Penalty of a Man Criminal Murduring a Woman

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AHMADIEH MARYAM; Habibi Tabar Javad

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Journal Paper

Paper Information

Journal: JOURNAL OF WOMAN AND FAMILY STUDIES Year:2018 | Volume:5 | Issue:2 (10) Page(s): 9-30

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Information Journal Paper

Title

Islamic Criminal Policy on Death Penalty of a Man Criminal Murduring a Woman

Author(s)

AHMADIEH MARYAM | Habibi Tabar Javad | Issue Writer Certificate

Keywords

Islamic Penal CodeQ1

Blood MoneyQ1

Female SlainQ1

RetaliationQ1

RetributionQ2

Abstract

This research studies payment of Blood Money from female victim’ s family in order to apply penalty of Retribution. The article is done through library research and uses descriptive method along with analyzing the ideas of jurists who state that in the case of murder, whether the slain is man or woman, the primary code is Retaliation. By the acceptance of the scholars ` view point regarding not paying the half of the Blood Money by those poor families who cannot afford it, the legislator came to conclusion to change and reform the current article. The important point here is that the criminal policy with the new approach, considers the legislation, as legislative criminal policy, just as a tool. And it considers other tools such as performance of the administrative and juridical authorities, and in some case with the permission of Shri`ah and law, the contribution of people, to the considerable extant, may solve the problem. According to the verses of the holy Quran regarding the current issue, advising and encouraging people to forgiveness, helping one another, and having the feeling of sympathy towards each other, it is helpful that with cooperative criminal policy help poor families to apply Retaliation through giving them time in order to pay half of the Blood Money with the support of juridical and administrative authorities and also holding meetings by the administrative authorities for reconciliation and compromise between two sides, as the juridical-criminal policy.

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APA: Copy

AHMADIEH, MARYAM, & Habibi Tabar, Javad. (2018). Islamic Criminal Policy on Death Penalty of a Man Criminal Murduring a Woman. JOURNAL OF WOMAN AND FAMILY STUDIES, 5(2 (10) ), 9-30. SID. https://sid.ir/paper/364967/en

Vancouver: Copy

AHMADIEH MARYAM, Habibi Tabar Javad. Islamic Criminal Policy on Death Penalty of a Man Criminal Murduring a Woman. JOURNAL OF WOMAN AND FAMILY STUDIES[Internet]. 2018;5(2 (10) ):9-30. Available from: https://sid.ir/paper/364967/en

IEEE: Copy

MARYAM AHMADIEH, and Javad Habibi Tabar, “Islamic Criminal Policy on Death Penalty of a Man Criminal Murduring a Woman,” JOURNAL OF WOMAN AND FAMILY STUDIES, vol. 5, no. 2 (10) , pp. 9–30, 2018, [Online]. Available: https://sid.ir/paper/364967/en

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