An Implementation of Punishment as the Retaliation for Acid Attack (Perpetrators)

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NAZARI TAVAKKOLI SAEED; KARACHIAN SANI FATEMEH

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Journal: MAJLIS & RAHBORD Year:2020 | Volume:27 | Issue:103 Page(s): 113-132

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Information Journal Paper

Title

An Implementation of Punishment as the Retaliation for Acid Attack (Perpetrators)

Author(s)

NAZARI TAVAKKOLI SAEED | KARACHIAN SANI FATEMEH | Issue Writer Certificate

Keywords

Acid AttackQ1

PunishmentQ2

RetaliationQ1

EqualityQ1

Abstract

Acid Attack, also called acid throwing which is the form of violent assault is known as one of the crimes against the physical integrity of individuals that in most of cases, it is motivated by revenging defiguring, making life so difficult for the victim and his health compromising. In target countries, it has been attempting to minimize the amount of crime committed by strict regulations. Since according to the Principles of Islamic Jurisprudence, the Punishment of Acid Attack can not be restricted to the form of canonical penalties and Punishments, the main question arises that whether it is possible to condemn the perpetrators to perform Retaliation as well as throwing acid on the corresponding member in his body or not. But Acid Attack may cause (hot) burns in the victim person as well as burning Punishment can be only investigated in the form of injury (wound). Hence, performing Retaliation is only allowed when the injury caused by the crime is consistent with the injuries caused by the Retaliation. This research which has been conducted through using analytical-descriptive research method also based on library research method shows that according to the (horrific) nature of Acid Attack crime, it is so impossible that can be repeated for the perpetrator’ s (corresponding member of) body. Therefore, the judicial procedure cannot be defensible for judicial sentencing as Retaliation (for Acid Attack perpetrators) as well as the perpetrator should be only guilty of paying a (blood of money) ransom or compensation however Retaliation is less likely to be incurred as a result of the victim's injury. Although there is no room for Retaliation with imprisonment, if another crime issue is realized, perpetrators can be condemnned to discretionary Punishments (imprisonment, exile, working at compulsory camps and etc. . . ) or canonical penalties (corruption and moharebeh).

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APA: Copy

NAZARI TAVAKKOLI, SAEED, & KARACHIAN SANI, FATEMEH. (2020). An Implementation of Punishment as the Retaliation for Acid Attack (Perpetrators). MAJLIS & RAHBORD, 27(103 ), 113-132. SID. https://sid.ir/paper/375706/en

Vancouver: Copy

NAZARI TAVAKKOLI SAEED, KARACHIAN SANI FATEMEH. An Implementation of Punishment as the Retaliation for Acid Attack (Perpetrators). MAJLIS & RAHBORD[Internet]. 2020;27(103 ):113-132. Available from: https://sid.ir/paper/375706/en

IEEE: Copy

SAEED NAZARI TAVAKKOLI, and FATEMEH KARACHIAN SANI, “An Implementation of Punishment as the Retaliation for Acid Attack (Perpetrators),” MAJLIS & RAHBORD, vol. 27, no. 103 , pp. 113–132, 2020, [Online]. Available: https://sid.ir/paper/375706/en

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