Feasibility of the Generalization of the

Sadati, Seyed Mohamad Mahdi

doi:10.22034/mfu.2024.141466.1437

Feasibility of the Generalization of the "Not wasting Muslim blood" Rule to Instances without Guarantee and Its Effects; A comparative study of Imᾱmῑ Jurisprudence, Shafi'i Jurisprudence, and Islamic Penal Code

Document Type : Original Article

Author

seyed mohamad mahdi sadati

Assistant Professor/Head of Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz,. Iran

10.22034/mfu.2024.141466.1437

Abstract

Abstract
The human soul firstly possesses the inherent dignity that comes with the acquisition of dignity by Islam and faith in God Almighty. The rule of wasting Muslim blood is based on the acquisition of dignity and the reverence of Muslim human blood. On the same basis, the Islamic Penal Code of 1392, on the same basis, has, in several articles, referred to the rule that the ambiguity in these materials, the defect in the generalization of this rule, as well as the possible conflict between them and the provisions of the rule, required jurisprudential and legal review of the law of not wasting Muslim blood.
Therefore, this paper, by examining the provisions of this rule and analyzing the relevant materials in the Islamic Penal Code of 1392, seeks to answer the question of whether the manifestation of the rule of Muslim blood loss in the Islamic Penal Code of 1392 based on its brief provisions in the Islamic Jurisprudence of Emamiye.
The finding of this article suggests that the cause of the rule is useful in generalizing it, but on the one hand, the generalization of this rule, in some cases, goes beyond the provisions of the Code of Conduct, and, on the other hand, all instances of wasting Muslim blood in the Islamic Penal Code Are not subject to the rule of law. Also, failure to anticipate a criminal procedure against the rule of law actually causes the loss of Muslim blood during the death of the killer during criminal proceedings.

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