Journal of Criminal Law Research

Jurisprudential-legal study of the effect of insanity on the punishment of the perpetrator of adultery and sodomy

Articles in Press

Document Type : Research Paper

Author

hassan pourlotfollah

graduate student of islamic law. faculty of humanities, semnan university, semnan. iran

https://doi.org/10.22054/jclr.2026.62902.2376
Abstract
According to the investigations of the authors, three jurisprudential views can be proposed in this regard, among which the famous jurists and most of the later ones do not consider the divine limit to be fixed against an insane man who commits adultery or commits sodomy. But in contrast to the famous Qadma, such as Sheikh Sadough, Sheikh Tusi, Sheikh Mofid, and some others, the full limit of adultery and sodomy, which in the case of non-Ehsan, the limit of flogging and in the case of Ehsan, the limit of stoning (in adultery) or execution (in sodomy) Be; Against the insane man who commits adultery and sodomy. third group of Imami jurists, in both hypotheses of Ehsan and non-Ehsan, consider only the limit of flogging as a fixed issue. Now, by critically analyzing and evaluating the jurisprudential principles of the propositions and by using rational and narrative documents and legal materials such as (Article 149, paragraph "a" of Article 226, Note 2 of Article 234 of the Constitution), it can be said that the view Third, it has a strong point, and the only predictable punishment for an insane adulterous man or sodomy can be presumed as a flogging limit.

Keywords

Insane
discernment
intent to indulge
insane adultery
criminal act
Subjects
Journal of Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 22 September 2026

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