Responsibility for issuing and enforcing death sentences

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Aletaha Sayyed hossein; Aghaei janat makan hossein; Bashiri Aref

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:84 | Issue:111 Page(s): 1-22

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Information Journal Paper

Title

Responsibility for issuing and enforcing death sentences

Author(s)

Aletaha Sayyed hossein | Aghaei janat makan hossein | Bashiri Aref | Issue Writer Certificate

Keywords

responsibilityQ2

MurderQ2

extra punishmentQ1

blood moneyQ2

enforcementQ2

Abstract

There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No blood money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the Murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.

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APA: Copy

Aletaha, Sayyed hossein, Aghaei janat makan, hossein, & Bashiri, Aref. (2020). Responsibility for issuing and enforcing death sentences. THE JUDICIARY’S LAW JOURNAL, 84(111 ), 1-22. SID. https://sid.ir/paper/408739/en

Vancouver: Copy

Aletaha Sayyed hossein, Aghaei janat makan hossein, Bashiri Aref. Responsibility for issuing and enforcing death sentences. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(111 ):1-22. Available from: https://sid.ir/paper/408739/en

IEEE: Copy

Sayyed hossein Aletaha, hossein Aghaei janat makan, and Aref Bashiri, “Responsibility for issuing and enforcing death sentences,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 111 , pp. 1–22, 2020, [Online]. Available: https://sid.ir/paper/408739/en

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