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Information Journal Paper

Title

The Critical Approach to the Deprivation of Liberty of the Convicted to Qiṣ ā ṣ in the Process of the Requesting for the Authorization

Pages

  81-116

Abstract

 Under the article 417 of the penal code of Iran (1392), The authorization of The supreme leader or his representative in the execution of Qiṣ ā ṣ (Arabic: قصاص, Retribution) is essential. Although there has been counted many proofs and several principles for the obligation of The authorization of the Guardianship (wali al-amr) in Qiṣ ā ṣ but the continuation (Prolongation) of the procedure in the stage of The authorization results the effects such as the fear for the escape of the condemned prisoners to Qiṣ ā ṣ and the enhancement of the amount of diya or Diyah (Arabic: دیه, A compensation payment to the victim or heirs of a victim-the guardian of the blood-) in the cases of the obligatory of the payment of the difference by the guardian of the blood in order to choose Qiṣ ā ṣ . The important effect of the deprivation of liberty of the convicted to Qiṣ ā ṣ until the pronouncement of the authorized official has a general aspect and whether in the stage of requesting for authorization it is accepted Qiṣ ā ṣ or whether it is not approved, it is inevitable. In this paper with analytic-descriptive method, it has been studied the legal and jurisprudential examination of the Imprisonment of the convicted in the stage of the requesting for authorization. The result shows that such Imprisonment is incompatible with what have been determined in Islamic law texts about Qiṣ ā ṣ , Diyah or amnesty for prisoners convicted of intentional crimes and the Imprisonment of the convicted which is the imposition of another multiplication of the punishment is not permitted. There is no specific reason for the legality of the deprivation of liberty of the convicted to Qiṣ ā ṣ . With paying attention to these outcomes, it is necessary to legitimate the time for requesting for authorization and to be reduced. If it is obligation to imprison the Murderer for the society’ s interest and consequently, the Qiṣ ā ṣ is implemented, it will be necessary to be provided fair compensation.

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    • Cite

    APA: Copy

    TAVAJOHI, ABDOLALI, & Aliabadi, Rahimeh. (2021). The Critical Approach to the Deprivation of Liberty of the Convicted to Qiṣ ā ṣ in the Process of the Requesting for the Authorization. CRIMINAL LAW DOCTRINES, 18(20 ), 81-116. SID. https://sid.ir/paper/960288/en

    Vancouver: Copy

    TAVAJOHI ABDOLALI, Aliabadi Rahimeh. The Critical Approach to the Deprivation of Liberty of the Convicted to Qiṣ ā ṣ in the Process of the Requesting for the Authorization. CRIMINAL LAW DOCTRINES[Internet]. 2021;18(20 ):81-116. Available from: https://sid.ir/paper/960288/en

    IEEE: Copy

    ABDOLALI TAVAJOHI, and Rahimeh Aliabadi, “The Critical Approach to the Deprivation of Liberty of the Convicted to Qiṣ ā ṣ in the Process of the Requesting for the Authorization,” CRIMINAL LAW DOCTRINES, vol. 18, no. 20 , pp. 81–116, 2021, [Online]. Available: https://sid.ir/paper/960288/en

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