Co-occurrence of Crimes Causing Nemesis in Jurisprudence of Islamic Schools of Thought

Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Among the issues considered about nemesis (Qisas) is the issue of co-occurrence of crimes causing nemesis and the right for Qisas. In cases that the criminal just makes a single injury on a person and that single injury leads to the death of that person, the nemesis of organs co-occurs with the nemesis of life. Based on the viewpoints of the jurisprudents of Imamiyyah, here the criminal will be condemned to death penalty. If the criminal makes several injuries on a person and those injuries leads to the death of that person, the nemesis of organs co-occurs with the nemesis of life. Based on the viewpoints of the jurisprudents of Imamiyyah, in this situation, the criminal will also be condemned to death penalty. In cases that several injuries are imposed to a person with a difference in time, the nemesis of organs does not co-occur with the nemesis of life and each injury; and the murder itself should have their own punishments. The importance of recovery of injuries has been the issue of discussions among Shiite and Sunnite jurisprudents. Three viewpoints have been presented based on co-occurrence and non-co-occurrence and the difference of time between continuous and consecutive injuries. In situations that imposing several injuries does not lead to death, the opinion of non-co-occurrence of injuries to organs and multiple rights for Qisas is acceptable.
Language:
Persian
Published:
Pages:
107 to 130
https://magiran.com/p1821029  
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