Mehdi Fazli; Adel Sarikhani
Abstract
The word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this word has increased ...
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The word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this word has increased the scope of intentional crimes against human body and obscured the boundaries of mistake in such crimes. Through the paper, using a descriptive-analytical method, authors have reached to this result that “similar felony” in crimes against human body only includes crimes committed to unwanted limbs of a wanted victim with similar or lower consequences than offender’s intention and it excludes unwanted crime against an unwanted victim. Such crimes sometimes are inherently intentional and sometimes supposedly. However it is necessary that legislator amends this ambiguous word and enacts a specific article to elaborately expresses that mistake in committing crime to unwanted limb of a victim in an intentional crime which leads to similar or lower consequences than offender’s intention to other limb, would be intentional.
MORTEZA Tabib; Mohsen Akbari
Volume 1, Issue 1 , October 2012, , Pages 121-136
Abstract
There are times when some of the heir qualities cause them to bedebarred from coming into their inheritance which are calledinheritance barriers. In spite of contradictions among the jurists ofIslamic faiths on the number of inheritance barriers, they alluniversally agree upon homicide as one. However, ...
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There are times when some of the heir qualities cause them to bedebarred from coming into their inheritance which are calledinheritance barriers. In spite of contradictions among the jurists ofIslamic faiths on the number of inheritance barriers, they alluniversally agree upon homicide as one. However, they have discordson the type of homicide and peculiar conditions. The aim here is toprecisely identify the inheritance barriers and relative reasoning in thisregard as well as surveying homicide as the only accepted barrier ofinheritance among Islamic faiths. The major consequences of thisresearch, then, are precise identification of inheritance barriers as wellas identify features of homicide as the barriers of inheritance inaddition to coming into this conclusion that a premeditated murder isnot always considered a barrier
