نوع مقاله : مقاله پژوهشی
نویسنده
استادیار بخش حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In order to maximize the application of jurisprudential rules in criminal law, the rule of "Not wasting Muslim blood " has been generalized in the Islamic Penal Code of 2013 in the form of several articles, and at the same time, regarding the possibility of generalizing this rule to cases such as the testimony of women in intentional murder, the payment of the difference of Diyeh in the Revenge of the killer by the deceased's heirs, the Diyeh of the Ahl-al-Dhimma, the Diyeh of other victims in the assumption of the unity of the murderer and the multiplicity of the victims, etc. So far, nothing has been said.
Therefore, in the light of reviewing this rule, this article seeks to address the question that " What are the basics of generalizing this rule in Imamiye & Shafeyi jurisprudence and the Islamic Penal Code of 2013 in cases of lack of guarantee?
The finding of the article is that the basis of the generalization of this rule are state-social duty to restore justice and ensure public rights, the application of the no-harm rule in the form of the welfare theory and the government's duty to compensate for damages through the rule of "Whoever has the sheep, he must pay the penalty". At the same time, the "Not wasting Muslim blood" rule can be seen as a reproduction of the "harmless" rule in criminal law. Also, the generalization of the rule on the basis of its context is not valid, and therefore, in the generalization of the rule to uncertain cases, must be relied on other rational bases.
As a result, the application of this rule is where no guarantee exists, but the customary-rational necessity of compensation and the responsibility of the government to maintain security and welfare is required that the blood of any citizen of the Islamic society should not be wasted regardless of religion, nationality and citizenship.
کلیدواژهها [English]
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