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Information Journal Paper

Title

Juridical and Legal Analysis for Legislative Gaps of Wisdom Dia (BloodMoney)

Pages

  31-38

Keywords

Retaliation (Qisas) 
Blood Money (Dia) 
Ath 

Abstract

 Background and Aim: Wisdom (Aql) is one of god’ s blessings to man. In order to maintain the health of Wisdom, the holy legislator, supports against several minor and partial injuries to wisdom (Aql) and covers the damage by complete or partial Dia (Blood money). Consequently, chapter five of the second part of the Islamic Penal Code is dedicated to the problems of wisdom (Aql). Materials and Methods: The descriptive-analytical approach has been chosen as the method of present study. Ethical Considerations: Honesty and confidentiality as well as authenticity of the texts have been observed. Findings It seems that there are serious weaknesses in Iranian legislative criminal system in this regard which did not mentioned in the juridical books. One of the most important examples is the concept of "Atah” . Although the word “ Atah” is common in a period between insane and Madness, but it does not mean Insanity. Likewise, in explaining the position of this concept among mental disorders, due to the lack of interruptions in relation with the realities of the world around him as well as loss of function, it is placed in category of nervouses. In the case of retaliation in crimes which causes decline or lack of reason (Aql), the evidence of the group which agrees with the execution of punishment (Qisas) is Sound. Conclusion: Iranian Penal Law should be modified to cover some kinds of Wisdom injuries.

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  • Cite

    APA: Copy

    Rezaei, Rahmatollah, & Shakeri, Abol Hasaan. (2020). Juridical and Legal Analysis for Legislative Gaps of Wisdom Dia (BloodMoney). JOURNAL OF INTERDISCIPLINARY LEGAL RESEARCH, 1(1 ), 31-38. SID. https://sid.ir/paper/390386/en

    Vancouver: Copy

    Rezaei Rahmatollah, Shakeri Abol Hasaan. Juridical and Legal Analysis for Legislative Gaps of Wisdom Dia (BloodMoney). JOURNAL OF INTERDISCIPLINARY LEGAL RESEARCH[Internet]. 2020;1(1 ):31-38. Available from: https://sid.ir/paper/390386/en

    IEEE: Copy

    Rahmatollah Rezaei, and Abol Hasaan Shakeri, “Juridical and Legal Analysis for Legislative Gaps of Wisdom Dia (BloodMoney),” JOURNAL OF INTERDISCIPLINARY LEGAL RESEARCH, vol. 1, no. 1 , pp. 31–38, 2020, [Online]. Available: https://sid.ir/paper/390386/en

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