Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code

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Hasani Mohammad Hasan; Shahcheragh Seyyed Hosein

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2019 | Volume:10 | Issue:19 Page(s): 115-136

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Information Journal Paper

Title

Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code

Author(s)

Hasani Mohammad Hasan | Shahcheragh Seyyed Hosein | Issue Writer Certificate

Keywords

Ignorance-of-LawQ1

Mistake of LawQ2

Dare RuleQ1

Islamic Penal CodeQ1

Criminal LiabilityQ1

Abstract

Ignorance-of-Law is usually an excuse from Criminal Liability and among the legal challenges of establishing a balance between maintenance of public order and administration of justice. For the maintenance of social order, everyone is obliged to be aware of the law and the general rule is "Ignorance-of-Law is no excuse". However, following this maxim would be unfair if proper understanding of the law is impossible. In this regard, the Islamic Penal Code (1392) has adopted a new approach through examining this maxim and its exceptions. Furthermore, some specific rules have been foreseen concerning the Ignorance-of-Law, especially in the case of punishable offenses and major crimes. This paper aims to explain the general rules and principles of this code and its comparison with the "Dare" Rule, and their limits and credibility in the criminal and non-criminal offences from the perspective of the Islamic Penal Code. Finally, the new approach is criticized.

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APA: Copy

Hasani, Mohammad Hasan, & Shahcheragh, Seyyed Hosein. (2019). Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 10(19 ), 115-136. SID. https://sid.ir/paper/387346/en

Vancouver: Copy

Hasani Mohammad Hasan, Shahcheragh Seyyed Hosein. Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2019;10(19 ):115-136. Available from: https://sid.ir/paper/387346/en

IEEE: Copy

Mohammad Hasan Hasani, and Seyyed Hosein Shahcheragh, “Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 10, no. 19 , pp. 115–136, 2019, [Online]. Available: https://sid.ir/paper/387346/en

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