نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و حقوق اسلامی، عضو هیات علمی،دانشگاه علامه طباطبایی، تهران، جمهوری اسلامی ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Post-traumatic stress disorder (PTSD) is a complex mental disorder that can impair a person's ability to control their behavior, raising significant questions in criminal law, particularly regarding the criminal responsibility of such individuals. Given the importance of this issue in Islamic societies, this research examines the legal and theological dimensions of PTSD in Islamic jurisprudence.The primary objective of this study is to explore the various Islamic perspectives on the criminal responsibility of individuals who, due to PTSD, have lost the ability to control their behavior. It also aims to identify commonalities and discrepancies among Islamic schools of thought and to propose recommendations for improving judicial systems in dealing with this category of offenders.The research was conducted using a library-based approach, drawing on Islamic jurisprudence, legal, and psychological sources. It initially examined the general Islamic perspectives on reason, perception, and criminal responsibility, and then analyzed these perspectives in relation to offenders with PTSD. The findings indicate that while all Islamic schools emphasize the importance of reason and perception in determining criminal responsibility, there are differences of opinion regarding the extent to which mental illness can affect this responsibility and the appropriate punishment for offenders with PTSD. However, the vast majority of these schools consider treatment and rehabilitation as an appropriate approach for such individuals."
کلیدواژهها [English]
)