Document Type : Original Article
Authors
1
Assistant Professor, Department of Law, Ferdowsi University of Mashhad, Mashhad, Iran
2
PhD student in Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran
3
Associate Professor, Department of Law, Ferdowsi University of Mashhad, Mashhad, Iran
10.30510/psi.2023.348327.3615
Abstract
One of the punishments that has a long history in human society is retribution. One of the special rules of retaliation is that the guilty person has the right to retaliation in an intentional crime against a member and the guardian in a deliberate crime against the soul. Proof of the right to retribution in court has only the aspect of discovery of the proof of this right. Therefore, if the guardians of the tail take retaliation before the court verdict is issued, they are not entitled to retaliation or payment of diyat. The research method is descriptive-analytical and is a basic applied research using library resources. After examining different theories in Imami jurisprudence and Khamseh religions, the researcher came to the conclusion that it is appropriate for the legislator to be able to defend himself at the beginning of the right to retaliation, by holding a fair trial, and then the sentence should be executed. Immediate execution of Qisas If there is no knowledge of the transmission of Qisas to other organs or the soul of the victim by using scientific capacities, there is no problem, and in case of fear of transmission of the injury to the victim, it is better to perform Qisas. Delayed. Because in case of the death of a madman, only retribution will be carried out due to transmission, and with the execution of retribution of the body and retribution of the soul, the punishment is beyond justice and fairness.
Keywords
)