Examining the cases of general knowledge in the topics of limits, punishments, retribution, murder, diyat and finance

Document Type : Original Article

Authors

1 PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.

10.30510/psi.2022.334156.3260

Abstract

In the law of our country, one of the conditions for the validity of any contract is to know the subject of the transaction in full and in detail, which is one of the rational principles that the holy shari'a of Islam has emphasized. But our legislator has exceptionally considered concise science to be sufficient for the accuracy of some cases, the definitions and examples of which are vague and controversial in our law. In this research, cases of general knowledge in the topics of hudud, ta'zir, qisas, diyat and murder have been discussed.
One of the important innovations of the Islamic Penal Code 92 is Article 477 of this law. This article stipulates: In cases of general knowledge of committing a crime, by one of two or more specific persons, in case of contamination on some parts of the general knowledge, according to the articles of oath in this regard, and in the absence of contamination, the owner The right can demand that the defendants take an oath that if they all take the oath, a ransom will be paid from the treasury for the murder, and in the case of non-murder, the ransom will be received in equal proportions from the defendants. Considering that in the sentence of this article, there is a difference between the effect of science (creation of filth and non-filth), the type of crime (murder and non-murder) and the source of science (confession and non-confession).

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 2791-2805

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