towhid hajipour

According to Article 302 of the Islamic Penal Code of Iran (April 21, 2013), if someone commits an offence against Mahduraldam and a person who deserve to die, she/he is excluded from talion (Qisas) and wergild (Diya). Article 303 also stipulates that if the perpetrator commits a crime believing that the victim is Mahduraldam and can prove this belief, talion will not applicable and he/she will be convicted to wergild and Ta’aziri punishment. This research has investigated the conflicting cases of legislator prescribing crimes against a person who deserve to die (Mahduraldam) by normal people. The corollary is that the provisions of articles 302 and 303 of the Islamic Penal Code are in conflict with some of the principles and rules of Islamic jurisprudence such as the principle of the presumption of innocence, the principle of caution in issuing death penalty and peoples honor (precautionary principle in blood and peoples honor), The principle of legality of offences and punishment (the principle of execution of punishment by Imam (or Judge) and authorized persons on his behalf), the jurisprudential principle of respecting Muslim blood in general sense and the principle of human dignity.To resolve not only the existing conflicts but also preventing private justice and maintain the order and security of citizens, the authors seek to propose to the activists of legislative criminal policy of Iran that the aforementioned articles should be deleted from Islamic Penal Code or amended in such a way that no one can easily resort to get rid of punishment. This paper has been performed based on the descriptive-analytical research method with a critical approach.