Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents
Despite the controversy about the effect of doubt on the abandonment of punishment and the overwhelming acceptance of this issue in Articles 120 and 121 of the Islamic penal code, it has been argued that there is a controversial issue in the elimination of liability and punishment.The Islamic Penal...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-04-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_9621_a8c70e4af69717222c352ebbd0395ff0.pdf |
| _version_ | 1797369164371853312 |
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| author | ehsan ailakbari masoud gahandostedalanjan mohammad javad falah yakhdaey |
| author_facet | ehsan ailakbari masoud gahandostedalanjan mohammad javad falah yakhdaey |
| author_sort | ehsan ailakbari |
| collection | DOAJ |
| description | Despite the controversy about the effect of doubt on the abandonment of punishment and the overwhelming acceptance of this issue in Articles 120 and 121 of the Islamic penal code, it has been argued that there is a controversial issue in the elimination of liability and punishment.The Islamic Penal Code also did not mention to this. A number of jurisprudents say: Only in a state can the perpetrator be doubted that at the time of the work he has the certainty or reasonable suspicion of having the license. On the other hand, some other jurisprudents consider absolute suspicion as a criterion of doubt, and some of the other delusions of the legitimacy of criminal action are also considered to be criterion of doubt. What attracts attention in this regard is that the owners of these three theories have all come to the common cause to prove their promise, and the secret of their differences is different perceptions of this argument. The authors of this paper believe that all this evidence is incapable of expressing a criterion of doubt, but it is not permissible to refer to the basic principles and rules. |
| first_indexed | 2024-03-08T17:42:43Z |
| format | Article |
| id | doaj.art-533d69352b7b4e0ab50f10b7c5f2af69 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:42:43Z |
| publishDate | 2019-04-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-533d69352b7b4e0ab50f10b7c5f2af692024-01-02T10:55:47ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242019-04-0172616318910.22054/jclr.2018.23890.14629621Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudentsehsan ailakbari0masoud gahandostedalanjan1mohammad javad falah yakhdaey2assistant prof, uni of IsfahanmamaDespite the controversy about the effect of doubt on the abandonment of punishment and the overwhelming acceptance of this issue in Articles 120 and 121 of the Islamic penal code, it has been argued that there is a controversial issue in the elimination of liability and punishment.The Islamic Penal Code also did not mention to this. A number of jurisprudents say: Only in a state can the perpetrator be doubted that at the time of the work he has the certainty or reasonable suspicion of having the license. On the other hand, some other jurisprudents consider absolute suspicion as a criterion of doubt, and some of the other delusions of the legitimacy of criminal action are also considered to be criterion of doubt. What attracts attention in this regard is that the owners of these three theories have all come to the common cause to prove their promise, and the secret of their differences is different perceptions of this argument. The authors of this paper believe that all this evidence is incapable of expressing a criterion of doubt, but it is not permissible to refer to the basic principles and rules.https://jclr.atu.ac.ir/article_9621_a8c70e4af69717222c352ebbd0395ff0.pdfkey words: faultignorancedoubtthe rule of dareh |
| spellingShingle | ehsan ailakbari masoud gahandostedalanjan mohammad javad falah yakhdaey Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī key words: fault ignorance doubt the rule of dareh |
| title | Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents |
| title_full | Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents |
| title_fullStr | Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents |
| title_full_unstemmed | Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents |
| title_short | Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents |
| title_sort | reanalyzing of the criterion of doubt destroying the responsibility and punishment in the thought of imamie jurisprudents |
| topic | key words: fault ignorance doubt the rule of dareh |
| url | https://jclr.atu.ac.ir/article_9621_a8c70e4af69717222c352ebbd0395ff0.pdf |
| work_keys_str_mv | AT ehsanailakbari reanalyzingofthecriterionofdoubtdestroyingtheresponsibilityandpunishmentinthethoughtofimamiejurisprudents AT masoudgahandostedalanjan reanalyzingofthecriterionofdoubtdestroyingtheresponsibilityandpunishmentinthethoughtofimamiejurisprudents AT mohammadjavadfalahyakhdaey reanalyzingofthecriterionofdoubtdestroyingtheresponsibilityandpunishmentinthethoughtofimamiejurisprudents |