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

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

video

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

sound

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

Persian Version

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

View:

345
مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Download:

0
مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Cites:

Information Journal Paper

Title

Feasibility Study of Legal Substitution of the Right to Retaliation (Qisas) in Fiqh of Five Schools (Mazahebe Khamse) and its Legal Gaps

Pages

  179-208

Abstract

 Regarding that retaliation (qisas) is one of the reactions and punishments which Islam has considered as a sanction for the right to life, so it requires many research topics. One of these topics is substitution and replacement of this punishment. According to the above mentioned, and also considering that retaliation (qisas) is affected the society, it is very necessary to regard this fact in order to secure relief sought of avengers of blood. In this article we face with these basic questions which are as follow: which kinds of authorities does the owner of the right to retaliation (qisas) have? Whether he or she can make any decision about it under the title of substitution, or the punishment of retaliation (qisas) has relevance and except in appointed cases, there isn’ t the possibility of its substitution even with consent of the parties? Assuming the acceptance of substitution of retaliation (gisas) punishment, relying on the institution of substitution in discretionary punishments, we can say that in order to substitute the retaliation (qisas) to other punishments, lighter punishments should be applied. In this article, especially we point at the case that based on it, the execution of retaliation (qisas) is impossible and we come to this conclusion that, the substitution of retaliation (qisas) to other applicabilities of punishments the same as blood money, whether it be according to the opinion of competent authority or it be in accord with and based on mutual consent with murderer, has different forms.

Cites

  • No record.

    • References

  • No record.

    • Cite

    APA: Copy

    Samiee Zafarghandi, Zahra, Jafari Farani, Hossein, & TAVAJOHI, ABDOLALI. (2020). Feasibility Study of Legal Substitution of the Right to Retaliation (Qisas) in Fiqh of Five Schools (Mazahebe Khamse) and its Legal Gaps. COMPARATIVE LAW (NAMEH-YE MOFID), 7(1 (13) ), 179-208. SID. https://sid.ir/paper/956734/en

    Vancouver: Copy

    Samiee Zafarghandi Zahra, Jafari Farani Hossein, TAVAJOHI ABDOLALI. Feasibility Study of Legal Substitution of the Right to Retaliation (Qisas) in Fiqh of Five Schools (Mazahebe Khamse) and its Legal Gaps. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2020;7(1 (13) ):179-208. Available from: https://sid.ir/paper/956734/en

    IEEE: Copy

    Zahra Samiee Zafarghandi, Hossein Jafari Farani, and ABDOLALI TAVAJOHI, “Feasibility Study of Legal Substitution of the Right to Retaliation (Qisas) in Fiqh of Five Schools (Mazahebe Khamse) and its Legal Gaps,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 7, no. 1 (13) , pp. 179–208, 2020, [Online]. Available: https://sid.ir/paper/956734/en

    Related Journal Papers

  • No record.

    • Related Seminar Papers

  • No record.

    • Related Plans

  • No record.

    • Recommended Workshops






    Move to top
    telegram sharing button
    whatsapp sharing button
    linkedin sharing button
    twitter sharing button
    email sharing button
    email sharing button
    email sharing button
    sharethis sharing button