Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Temporary barriers to retribution in Islamic jurisprudence And Iranian criminal law

Articles in Press

Document Type : Research Paper

Authors
zaher rahimi 1
Mahmood Veisi 2
1 Judiciary Lawyers Center
2 International University of Islamic Denominations
10.22034/mtmi.2023.185313
Abstract
One of the goals of Islamic criminal law, and perhaps its most important goal, is to preserve the social and religious system, and this long-term goal will not be achieved unless human beings, through reform and education, or through intimidation and fear of punishment, commit acts that The social system is targeted to be kept open. One of these acts is retribution, which is emphasized in Islamic law. Retribution is one of the Shari'a punishments that is committed in the crimes of premeditated murder, amputation and intentional injury. However, there are cases in which retaliation is temporarily stopped and the execution of the sentence of retaliation is prevented, and these obstacles will be removed automatically after a period of time has elapsed, and the execution of the sentence can be carried out. These obstacles are: the burden of the offender, the temporary absence of all or some of the guardians, silence and non-interference of all or some of the great and wise guardians, non-payment of blood money by the guardians to seek retribution, the association of qualified guardians with the guardians Unqualified. In any of these cases, the execution of the sentence of retribution is temporarily suspended.
Keywords
retaliation
temporary obstacles
execution of sentence
jurisprudence
Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Articles in Press, Accepted Manuscript
Available Online from 16 December 2023