Punishment of Third party Duressor in crimes punishable by Hadd
Transparency and comprehensiveness are obvious features of an efficient law. The legislators under Article 151 of the Islamic Penal Code of 2013, explicitly mentioned the punishment for Duressor in the crimes punishable by Ta'zir, while explaining the punishment for direct offenders in crimes....
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| Format: | Article |
| Language: | fas |
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Semnan University
2019-05-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_3870_742bd79be4230677e1f4ce52436fa57a.pdf |
| _version_ | 1827342215630815232 |
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| author | Hamid Reza Kalantari Mohammad Ebrahim Shams Nateri Ahmad Hajidehabadi |
| author_facet | Hamid Reza Kalantari Mohammad Ebrahim Shams Nateri Ahmad Hajidehabadi |
| author_sort | Hamid Reza Kalantari |
| collection | DOAJ |
| description | Transparency and comprehensiveness are obvious features of an efficient law. The legislators under Article 151 of the Islamic Penal Code of 2013, explicitly mentioned the punishment for Duressor in the crimes punishable by Ta'zir, while explaining the punishment for direct offenders in crimes. The concluding part of the above mentioned provision stipulates: "In crimes punishable with Hadd and retaliation (Qisas) matters shall be handled in accordance with the relevant provisions of law." Duress in felony under the subject matters in Articles 375-380 of the Act is described in more exhaustive detail than the previous law. However, punishment of Duressor for crimes of Hadd is only referred to in offenses of pederasty, gay, and lesbian, in the assumption of duress by one of the parties to the crime. The legislators just like in the previous legislations on punishment of Duressor in other offenses of Hadd and Bilateral offenses of Hadd, is silent. The vast majority of Islamic jurisprudents believe that punishment of Hadd is inapplicable to Duressor in the above hypothesis. In contrast to the common view, the writers believe that imposing sentences of Hadd on the Duressor is feasible in crimes that can be attributed to the Duressor. |
| first_indexed | 2024-03-07T22:04:30Z |
| format | Article |
| id | doaj.art-a8b01371561c4847aa0acfbf264d491f |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:30Z |
| publishDate | 2019-05-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-a8b01371561c4847aa0acfbf264d491f2024-02-23T23:19:40ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302019-05-01112024927810.22075/feqh.2019.16399.18253870Punishment of Third party Duressor in crimes punishable by HaddHamid Reza Kalantari0Mohammad Ebrahim Shams Nateri1Ahmad Hajidehabadi2Ph.D. Student, Farabi Campus University of Tehran, Qom, IranAssociate Professor, Farabi Campus University of Tehran, Qom, IranAssociate Professor, Farabi Campus University of Tehran, Qom, IranTransparency and comprehensiveness are obvious features of an efficient law. The legislators under Article 151 of the Islamic Penal Code of 2013, explicitly mentioned the punishment for Duressor in the crimes punishable by Ta'zir, while explaining the punishment for direct offenders in crimes. The concluding part of the above mentioned provision stipulates: "In crimes punishable with Hadd and retaliation (Qisas) matters shall be handled in accordance with the relevant provisions of law." Duress in felony under the subject matters in Articles 375-380 of the Act is described in more exhaustive detail than the previous law. However, punishment of Duressor for crimes of Hadd is only referred to in offenses of pederasty, gay, and lesbian, in the assumption of duress by one of the parties to the crime. The legislators just like in the previous legislations on punishment of Duressor in other offenses of Hadd and Bilateral offenses of Hadd, is silent. The vast majority of Islamic jurisprudents believe that punishment of Hadd is inapplicable to Duressor in the above hypothesis. In contrast to the common view, the writers believe that imposing sentences of Hadd on the Duressor is feasible in crimes that can be attributed to the Duressor.https://feqh.semnan.ac.ir/article_3870_742bd79be4230677e1f4ce52436fa57a.pdfduressduressorduresseehaddthird party |
| spellingShingle | Hamid Reza Kalantari Mohammad Ebrahim Shams Nateri Ahmad Hajidehabadi Punishment of Third party Duressor in crimes punishable by Hadd مطالعات فقه و حقوق اسلامی duress duressor duressee hadd third party |
| title | Punishment of Third party Duressor in crimes punishable by Hadd |
| title_full | Punishment of Third party Duressor in crimes punishable by Hadd |
| title_fullStr | Punishment of Third party Duressor in crimes punishable by Hadd |
| title_full_unstemmed | Punishment of Third party Duressor in crimes punishable by Hadd |
| title_short | Punishment of Third party Duressor in crimes punishable by Hadd |
| title_sort | punishment of third party duressor in crimes punishable by hadd |
| topic | duress duressor duressee hadd third party |
| url | https://feqh.semnan.ac.ir/article_3870_742bd79be4230677e1f4ce52436fa57a.pdf |
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