Document Type : Academicm and Research
Authors
1 Assistant Professor in Criminal Law&Criminology/ faculty of law/ University of Judicial Sciences and Administrative Services/ Tehran/Iran
2 Assistant Prof of Islamic Law,, Faculty of Judicial Law, University for Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
The absence of the prohibition of committing the crime of bodily harm in case of duress and consequently non-Qisas of the one who was in duress, it gives rise to jurisprudential and legal issues regarding the possibility of Qisas of One who causes duress and proof of the Blood money is based on the assumption of non- Qisas and also the person responsible for paying the Blood money. In this research, which was carried out with a descriptive and analytical method and with the evaluation of jurisprudential evidence, the result was obtained that it seems that due to the non-commitment of a crime by One who causes duress and non-attribution of crime to him, it is not possible to believe that he plays a more important role than one who commits conduct. Also, according to the rule of not wasting Muslim blood and also the independence of the Blood money from the Qisas, in some situations it seems necessary to pay the Blood money of victim by one of these two party. On the other hand, it seems that the payment of the Blood money is the responsibility of who was in duress qnd of course, considering that the cause of this waste of money is of one who causes duress, another person can take the money from her after paying the Blood money
Keywords
- Duress
- committing the crime of bodily harm
- Crime against body parts
- Qisas of body parts
- Hadith of the Prophet
Main Subjects
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