Emergency premeditated murder sentence with an approach to the state of conflict in Iranian jurisprudence and law
One of the rules of jurisprudence that is widely used in both civil and criminal matters is the rule of urgency, so that the application of this rule makes the rules of Sharia compatible with the situation and paves the way for the administration of justice. According to the rules of the Qur'an and Sunnah (Hadith Rifa ') and reason, in Islamic jurisprudence, urgency is an obstacle to criminal responsibility and is very important in relation to crimes against individuals. But there has been little discussion about assaults on lives, especially murders. Since there is a brief overview of the urgency of murder in the Iranian penal code, and in relation to the issue with the provision of Article 167 of the Constitution, we refer to fatwas and valid jurisprudential sources, so we have to study the jurisprudence of the issue, although the issue in jurisprudence Only in the context of jurisprudential issues, jurists have been discussed and scrutinized in a scattered manner, and most of the discussions are that urgency is not a license for intentional killing, and the reason for this is the existence of the jurisprudential rule of indifference in the field. However, there is an exception to this rule, each of which requires general conditions.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.