An Analysis of the Extent of the Prohibition of Retaliation against Pregnant Women from the Perspective of Criminal Law and Islamic Jurisprudence

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Karimi Mashaallah

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: FIQH Year:2021 | Volume:28 | Issue:2 (106) Page(s): 137-165

Download Full-Text

View:

115

Download:

Cites:

Information Journal Paper

Title

An Analysis of the Extent of the Prohibition of Retaliation against Pregnant Women from the Perspective of Criminal Law and Islamic Jurisprudence

Author(s)

Karimi Mashaallah | Issue Writer Certificate

Keywords

Pregnancy

avenger of blood

childbirth

regaining qisas

Abstract

The urgency and certainty of the execution of final criminal sentences are emphasized by the Sharia and the penal system. However, in some cases, according to the propositions of Islamic jurisprudence and-consequently-the penal system, such as qisas (retaliation) of a pregnant woman until after childbirth, and in case of fear of losing the baby until the appropriate time, this type of urgency is prohibited. However, the scope of this prohibition has not been well clarified due to the lack of specific research. Therefore, the question of the scope of this prohibition in conflict with the avenger of blood's right is an issue that needs to be explored until the answer stage. How to respect the right of the avengers of blood and preserve the life of the fetus in the shadow of the conflict between these two rights is one of the basic rules of Islamic jurisprudence and the Iranian penal system, which legitimizes the commitment of judicial authorities and avenger of blood. The current study has been carried out with the aim of reducing the applicability of this ruling and removing ambiguity from the legislator's approach in the light of recognizing the arguments related to the aforementioned ruling and explaining the scope of action by eliminating the conflict between the two rights. Achieving this goal in the light of comparative description and analysis of jurisprudential propositions and criminal law is possible through collecting library data, the result of which is to explain the reduction of the prohibition and prevent its possible consequences in the criminal justice system of Iran.

Cites

No record.

References

No record.

Cite

APA: Copy

Karimi, Mashaallah. (2021). An Analysis of the Extent of the Prohibition of Retaliation against Pregnant Women from the Perspective of Criminal Law and Islamic Jurisprudence. FIQH, 28(2 (106) ), 137-165. SID. https://sid.ir/paper/660848/en

Vancouver: Copy

Karimi Mashaallah. An Analysis of the Extent of the Prohibition of Retaliation against Pregnant Women from the Perspective of Criminal Law and Islamic Jurisprudence. FIQH[Internet]. 2021;28(2 (106) ):137-165. Available from: https://sid.ir/paper/660848/en

IEEE: Copy

Mashaallah Karimi, “An Analysis of the Extent of the Prohibition of Retaliation against Pregnant Women from the Perspective of Criminal Law and Islamic Jurisprudence,” FIQH, vol. 28, no. 2 (106) , pp. 137–165, 2021, [Online]. Available: https://sid.ir/paper/660848/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops