The Effects of Ignorance on Criminal Liability in Islamic Law and the Legal Systems of Afghanistan and Iran

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
The Effects of Ignorance on Criminal Liability in Islamic Law and the Legal Systems of Afghanistan and IranDr. Khadem Hussain Habibi Abstract:This research titled "The Effects of Ignorance on Criminal Liability in Islamic Law and the Legal Systems of Afghanistan and Iran" aims to answer the fundamental question of what effects ignorance has on criminal liability and irresponsibility in Islamic law and the legal systems of Afghanistan and Iran through a descriptive-analytical-comparative approach and documentary research method. The first step in examining this issue is to study the role and position of ignorance in Islamic law as the foundation of the Islamic legal system and to identify the different types of ignorance. The findings of the research indicate that the Iranian legal system, particularly its Penal Code, acknowledges the effects of ignorance on criminal liability in many cases due to its strong influence from Islamic jurisprudence. However, in the Afghan legal system and its Penal Code, the effects of ignorance on criminal liability have not been recognized.Keywords: Ignorance, criminal liability, Islamic criminal law, Afghan legal system, Iranian legal system.
Language:
Persian
Published:
Iranian Journal of Political Sociology, Volume:4 Issue: 1, 2021
Pages:
628 to 645
https://magiran.com/p2792203