Document Type : Original Article
Authors
1
Department of Law, UAE Branch, Islamic Azad University, Dubai, UAE.
2
Department of Criminal Law and Criminology, University of Judicial Sciences and Administrative Services, Tehran, Iran.
3
Associate Professor, Department of Criminal Law and Criminology, Allameh Tabatabai University, Tehran, Iran.
10.30510/psi.2022.342547.3466
Abstract
The present study seeks to make a comparative study of the nature of the material element of premeditated murder in Iranian and UAE law from the perspective of political geography. Therefore, according to the thematic documents presented in this study, a comparative and descriptive-analytical method has been used by following the cases mentioned in this issue in the books of jurists and texts of Emirati and Iranian law. The findings of this study show that, firstly, in the discussion of jurisprudence and law, it can be said that the material element of murder in law is the act of murder and in Sharia is consistent with the destruction of the human soul, and the causal relationship in law with The relationship between cause and effect corresponds to the act of the perpetrator and the victim, that is, there is no intermediary means of murder between them, which is reflected in the criminal law of both countries according to Islamic law and jurisprudence. The material element of premeditated murder In the law of both countries, it can be concluded that the material element of the crime of premeditated murder is realized in spite of three elements: aggression against the life of the victim, then the death of the victim and finally This issue is related to the material element of premeditated murder in the law of the two countries. Thirdly, by comparing the legal system of Iran and the UAE regarding the material element of premeditated murder, it can be concluded
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