A Review of the Criteria for Determination of Simple Mistake of Killing in Imamiyyah Jurisprudence and Iranian Case Law

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Malmir Mahmud; HOSSEINI SEYYED ABDOLRAHIM; Hatami Mahmud

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:1 Page(s): 53-79

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Information Journal Paper

Title

A Review of the Criteria for Determination of Simple Mistake of Killing in Imamiyyah Jurisprudence and Iranian Case Law

Author(s)

Malmir Mahmud | HOSSEINI SEYYED ABDOLRAHIM | Hatami Mahmud | Issue Writer Certificate

Keywords

KillingQ1

Simple MistakeQ2

JurisprudenceQ1

IntentionQ2

Abstract

The Simple Mistake of Killing is a Killing committed without the Intention of act against a person (mens rea)-although an Intention of act is available-and without the Intention to Killing him/her. Therefore, in the case when there is not the Intention of acting toward the slain and also the Intention of action of Killing (Intention of acting and Intention of result) is not available, the Killing is in the form of a Simple Mistake. According to the definition of the Simple Mistake of Killing, as we will see in the paper, in this type of Killing, the person who has committed the Killing has no Intention of acting toward the slain and has no Intention of result that is Killing. The occurrence of such a Killing as per old and new Islamic penal code is based on Intention. Therefore, the action is considered as Simple Mistake that neither the result of an act is intended nor the Intention of acting toward the slain is available.

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APA: Copy

Malmir, Mahmud, HOSSEINI, SEYYED ABDOLRAHIM, & Hatami, Mahmud. (2020). A Review of the Criteria for Determination of Simple Mistake of Killing in Imamiyyah Jurisprudence and Iranian Case Law. ISLAMIC JURISPRUDENCE RESEARCH, 16(1 ), 53-79. SID. https://sid.ir/paper/372313/en

Vancouver: Copy

Malmir Mahmud, HOSSEINI SEYYED ABDOLRAHIM, Hatami Mahmud. A Review of the Criteria for Determination of Simple Mistake of Killing in Imamiyyah Jurisprudence and Iranian Case Law. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(1 ):53-79. Available from: https://sid.ir/paper/372313/en

IEEE: Copy

Mahmud Malmir, SEYYED ABDOLRAHIM HOSSEINI, and Mahmud Hatami, “A Review of the Criteria for Determination of Simple Mistake of Killing in Imamiyyah Jurisprudence and Iranian Case Law,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 1 , pp. 53–79, 2020, [Online]. Available: https://sid.ir/paper/372313/en

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