Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order
Analysis of Islamic jurisprudential views on the duress in murder with emphasis on the relation of accepting each of them with the issue of public order is the main subject matter of this article. Thus, in adition to explaining the different Islamic jurisprudential views on durees in murder, the que...
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| Format: | Article |
| Language: | fas |
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Semnan University
2015-12-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1944_ed993cf2d6214f14db18ec4649fbf38b.pdf |
| _version_ | 1797296418419900416 |
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| author | سیدمحمود مجیدی |
| author_facet | سیدمحمود مجیدی |
| author_sort | سیدمحمود مجیدی |
| collection | DOAJ |
| description | Analysis of Islamic jurisprudential views on the duress in murder with emphasis on the relation of accepting each of them with the issue of public order is the main subject matter of this article. Thus, in adition to explaining the different Islamic jurisprudential views on durees in murder, the question that which one of such points of views can provide the society with utmost public order will be answered. The reason why public order is considered as a criterion in this respect is that the main and final goal of criminal law is to provide citizens of a given society with due public order. The paper clearly explains that how the acceptance of duress as a defense for murder and prevention of retaliation in this respect, may make public order unstable. However, whole islamic jurisprudential views are considered and on the basis of all of researchs and studies, it is recommended that the legislator should pay due attention to the view that prescribes retaliation punishment for main cause that is who makes duress. It seems that this view may provide the society with public order more appropriately. |
| first_indexed | 2024-03-07T22:04:26Z |
| format | Article |
| id | doaj.art-958bca422449486bbedb00ce64d6e5f7 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:26Z |
| publishDate | 2015-12-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-958bca422449486bbedb00ce64d6e5f72024-02-23T23:18:29ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302015-12-0171317519610.22075/feqh.2017.19441944Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Orderسیدمحمود مجیدیAnalysis of Islamic jurisprudential views on the duress in murder with emphasis on the relation of accepting each of them with the issue of public order is the main subject matter of this article. Thus, in adition to explaining the different Islamic jurisprudential views on durees in murder, the question that which one of such points of views can provide the society with utmost public order will be answered. The reason why public order is considered as a criterion in this respect is that the main and final goal of criminal law is to provide citizens of a given society with due public order. The paper clearly explains that how the acceptance of duress as a defense for murder and prevention of retaliation in this respect, may make public order unstable. However, whole islamic jurisprudential views are considered and on the basis of all of researchs and studies, it is recommended that the legislator should pay due attention to the view that prescribes retaliation punishment for main cause that is who makes duress. It seems that this view may provide the society with public order more appropriately.https://feqh.semnan.ac.ir/article_1944_ed993cf2d6214f14db18ec4649fbf38b.pdfduress in murderpublic orderpunishmentretaliation - cause |
| spellingShingle | سیدمحمود مجیدی Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order مطالعات فقه و حقوق اسلامی duress in murder public order punishment retaliation - cause |
| title | Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order |
| title_full | Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order |
| title_fullStr | Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order |
| title_full_unstemmed | Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order |
| title_short | Analysis of Islamic Jurisprudential Views on the Duress in Murder with the Emphasis on Criterion of Public Order |
| title_sort | analysis of islamic jurisprudential views on the duress in murder with the emphasis on criterion of public order |
| topic | duress in murder public order punishment retaliation - cause |
| url | https://feqh.semnan.ac.ir/article_1944_ed993cf2d6214f14db18ec4649fbf38b.pdf |
| work_keys_str_mv | AT sydmḥmwdmjydy analysisofislamicjurisprudentialviewsontheduressinmurderwiththeemphasisoncriterionofpublicorder |