Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code
Ignorance-of-law is usually an excuse from criminal liability and among the legal challenges of establishing a balance between maintenance of public order and administration of justice. For the maintenance of social order, everyone is obliged to be aware of the law and the general rule is "igno...
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| Format: | Article |
| Language: | fas |
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Semnan University
2018-12-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_3433_e953fccfefafb2e6781092722562405b.pdf |
| _version_ | 1827342192010592256 |
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| author | Mohammad Hasan Hasani Seyyed Hosein Shahcheragh |
| author_facet | Mohammad Hasan Hasani Seyyed Hosein Shahcheragh |
| author_sort | Mohammad Hasan Hasani |
| collection | DOAJ |
| description | Ignorance-of-law is usually an excuse from criminal liability and among the legal challenges of establishing a balance between maintenance of public order and administration of justice. For the maintenance of social order, everyone is obliged to be aware of the law and the general rule is "ignorance-of-law is no excuse". However, following this maxim would be unfair if proper understanding of the law is impossible. In this regard, the Islamic Penal Code (1392) has adopted a new approach through examining this maxim and its exceptions. Furthermore, some specific rules have been foreseen concerning the ignorance-of-law, especially in the case of punishable offenses and major crimes. This paper aims to explain the general rules and principles of this code and its comparison with the "Dare" Rule, and their limits and credibility in the criminal and non-criminal offences from the perspective of the Islamic Penal Code. Finally, the new approach is criticized. |
| first_indexed | 2024-03-07T22:04:07Z |
| format | Article |
| id | doaj.art-42573df90b2a4a31a11682e73b0b0b49 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:07Z |
| publishDate | 2018-12-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-42573df90b2a4a31a11682e73b0b0b492024-02-23T23:19:31ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302018-12-01101911513610.22075/feqh.2018.14188.14843433Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal CodeMohammad Hasan Hasani0Seyyed Hosein Shahcheragh1Department of law, humanitarian faculty, damghan university, Damghan,IranPayame Noor UniversityIgnorance-of-law is usually an excuse from criminal liability and among the legal challenges of establishing a balance between maintenance of public order and administration of justice. For the maintenance of social order, everyone is obliged to be aware of the law and the general rule is "ignorance-of-law is no excuse". However, following this maxim would be unfair if proper understanding of the law is impossible. In this regard, the Islamic Penal Code (1392) has adopted a new approach through examining this maxim and its exceptions. Furthermore, some specific rules have been foreseen concerning the ignorance-of-law, especially in the case of punishable offenses and major crimes. This paper aims to explain the general rules and principles of this code and its comparison with the "Dare" Rule, and their limits and credibility in the criminal and non-criminal offences from the perspective of the Islamic Penal Code. Finally, the new approach is criticized.https://feqh.semnan.ac.ir/article_3433_e953fccfefafb2e6781092722562405b.pdfignorance-of-lawmistake of lawdare ruleislamic penal codecriminal liability |
| spellingShingle | Mohammad Hasan Hasani Seyyed Hosein Shahcheragh Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code مطالعات فقه و حقوق اسلامی ignorance-of-law mistake of law dare rule islamic penal code criminal liability |
| title | Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code |
| title_full | Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code |
| title_fullStr | Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code |
| title_full_unstemmed | Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code |
| title_short | Impact of Ignorance-of-Law in the Criminal Liability from the Perspective of the Islamic Penal Code |
| title_sort | impact of ignorance of law in the criminal liability from the perspective of the islamic penal code |
| topic | ignorance-of-law mistake of law dare rule islamic penal code criminal liability |
| url | https://feqh.semnan.ac.ir/article_3433_e953fccfefafb2e6781092722562405b.pdf |
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