JURIDICAL-LEGAL STUDY OF CRIMES COMMITTED BY DISCERNING MINOR WITH AN EYE TO THE ISLAMIC PUNISHMENT CODE OF 1392/2013

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HAJIDEHABADI AHMAD

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Journal: WOMEN'S STRATEGIC STUDIES (KETABE ZANAN) Year:2015 | Volume:17 | Issue:66 Page(s): 85-115

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Title

JURIDICAL-LEGAL STUDY OF CRIMES COMMITTED BY DISCERNING MINOR WITH AN EYE TO THE ISLAMIC PUNISHMENT CODE OF 1392/2013

Author(s)

HAJIDEHABADI AHMAD | Issue Writer Certificate

Keywords

DISCERNING MINORQ2

SHEER MISTAKEQ2

AS A SHEER MISTAKEQ2

‘THE INTERMEDIATE CAUSE HAS A GREATER SHARE IN THE COMMISSION OF THE CRIME THAN THE DIRECT CAUSE’Q2

COMPELLING A DISCERNING MINOR TO COMMIT SHEER MISTAKE MURDERQ2

Abstract

Sometimes a minor independently commits a crime against some other person (crimes against bodily integrity such as murder, assault and battery, injury, disenfranchisement …) and some other times she/he is forced to do so. According to the Islamic Penal Code (1982) and the previous Code, intentional or unintentional crime committed by a minor is regarded as a SHEER MISTAKE; in the Islamic Punishment Code (2013), however, the term ‘as’ has been eliminated and crime committed by a minor is, according to this Code, just a SHEER MISTAKE. On the other hand, both in the previous and present Codes and according to the opinion of majority of jurists, if a nonDISCERNING MINOR is compelled by another to kill the third person, the compelling one shall alone be liable to Qisas. As for DISCERNING MINOR, however, murder is not attributed to the compelling one but to the DISCERNING MINOR, and her/his Aqilah (close relatives) shall pay the Diah (blood money). In the Islamic Punishment Code (2013), the same idea (making a distinction between a DISCERNING MINOR and non-DISCERNING MINOR) has been somehow accepted for being compelled to commit a theft. The present article makes a juridical-legal study of the same point aiming to criticize two ideas of ‘regarding a crime by a minor as a SHEER MISTAKE’ and ‘making distinction between DISCERNING MINOR’s being compelled and non-DISCERNING MINOR’s’.

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APA: Copy

HAJIDEHABADI, AHMAD. (2015). JURIDICAL-LEGAL STUDY OF CRIMES COMMITTED BY DISCERNING MINOR WITH AN EYE TO THE ISLAMIC PUNISHMENT CODE OF 1392/2013. WOMEN'S STRATEGIC STUDIES (KETABE ZANAN), 17(66), 85-115. SID. https://sid.ir/paper/94031/en

Vancouver: Copy

HAJIDEHABADI AHMAD. JURIDICAL-LEGAL STUDY OF CRIMES COMMITTED BY DISCERNING MINOR WITH AN EYE TO THE ISLAMIC PUNISHMENT CODE OF 1392/2013. WOMEN'S STRATEGIC STUDIES (KETABE ZANAN)[Internet]. 2015;17(66):85-115. Available from: https://sid.ir/paper/94031/en

IEEE: Copy

AHMAD HAJIDEHABADI, “JURIDICAL-LEGAL STUDY OF CRIMES COMMITTED BY DISCERNING MINOR WITH AN EYE TO THE ISLAMIC PUNISHMENT CODE OF 1392/2013,” WOMEN'S STRATEGIC STUDIES (KETABE ZANAN), vol. 17, no. 66, pp. 85–115, 2015, [Online]. Available: https://sid.ir/paper/94031/en

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