Punishment of Third party Duressor in crimes punishable by Hadd

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KALANTARI HAMID REZA; SHAMS NATERI MOHAMMAD EBRAHIM; HAJIDEHABADI AHMAD

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2019 | Volume:11 | Issue:20 Page(s): 249-278

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Information Journal Paper

Title

Punishment of Third party Duressor in crimes punishable by Hadd

Author(s)

KALANTARI HAMID REZA | SHAMS NATERI MOHAMMAD EBRAHIM | HAJIDEHABADI AHMAD | Issue Writer Certificate

Keywords

DuressQ2

DuressorQ2

DuresseeQ1

HaddQ1

Third partyQ2

Abstract

Transparency and comprehensiveness are obvious features of an efficient law. The legislators under Article 151 of the Islamic Penal Code of 2013, explicitly mentioned the punishment for Duressor in the crimes punishable by Ta'zir, while explaining the punishment for direct offenders in crimes. The concluding part of the above mentioned provision stipulates: "In crimes punishable with Hadd and retaliation (Qisas) matters shall be handled in accordance with the relevant provisions of law. " Duress in felony under the subject matters in Articles 375-380 of the Act is described in more exhaustive detail than the previous law. However, punishment of Duressor for crimes of Hadd is only referred to in offenses of pederasty, gay, and lesbian, in the assumption of Duress by one of the parties to the crime. The legislators just like in the previous legislations on punishment of Duressor in other offenses of Hadd and Bilateral offenses of Hadd, is silent. The vast majority of Islamic jurisprudents believe that punishment of Hadd is inapplicable to Duressor in the above hypothesis. In contrast to the common view, the writers believe that imposing sentences of Hadd on the Duressor is feasible in crimes that can be attributed to the Duressor.

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APA: Copy

KALANTARI, HAMID REZA, SHAMS NATERI, MOHAMMAD EBRAHIM, & HAJIDEHABADI, AHMAD. (2019). Punishment of Third party Duressor in crimes punishable by Hadd. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 11(20 ), 249-278. SID. https://sid.ir/paper/387032/en

Vancouver: Copy

KALANTARI HAMID REZA, SHAMS NATERI MOHAMMAD EBRAHIM, HAJIDEHABADI AHMAD. Punishment of Third party Duressor in crimes punishable by Hadd. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2019;11(20 ):249-278. Available from: https://sid.ir/paper/387032/en

IEEE: Copy

HAMID REZA KALANTARI, MOHAMMAD EBRAHIM SHAMS NATERI, and AHMAD HAJIDEHABADI, “Punishment of Third party Duressor in crimes punishable by Hadd,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 11, no. 20 , pp. 249–278, 2019, [Online]. Available: https://sid.ir/paper/387032/en

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