Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins
In conjoined twins, join of body to each other results in multiplicity or unity doubt of personality. These individuals are sometime two separate and independent personalities in a common body (multiplicity twins) and some of them are a unit personality that has extra part in its body (unit twins)....
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| Format: | Article |
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Semnan University
2018-08-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_3146_edc39ff4796600b7533dc8d90b1018af.pdf |
| _version_ | 1797296424531001344 |
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| author | Mahdiyeh Ghanizadeh Ali Tavallaei Mohammad reza Kaykha |
| author_facet | Mahdiyeh Ghanizadeh Ali Tavallaei Mohammad reza Kaykha |
| author_sort | Mahdiyeh Ghanizadeh |
| collection | DOAJ |
| description | In conjoined twins, join of body to each other results in multiplicity or unity doubt of personality. These individuals are sometime two separate and independent personalities in a common body (multiplicity twins) and some of them are a unit personality that has extra part in its body (unit twins). This is one the most important issue which gives them a distinct rule from ordinary people. The aim of current study is to investigate the criminality and victimization rules of this type of compos mentis in the case of crimes and retaliation for wounds by descriptive-analytic method. The most important findings reveal that firstly, the criteria for determining their unity or multiplicity of their character is multiplicity or unity of their vital forces such as brain and heart. Secondly if multiplicity twins commit a crime to the organ of a person that is equal to their common organ, retaliation involves paying the ransom surplus. But if the crime is committed by one of the twins, the execution of retaliation transform due to loss of the other non-criminal twin. Thirdly, if in the case of multiplicity of twins, a crime is committed by one of the common organs by one of the twins, belonging organ to both of them require the criminal twin to pay half of the compensation. Fourth, in the assumption of multiplicity; crimes committed on their common organ, cause multiplicity of victim of crime ( Majniyon- alayh) and the criminal is responsible toward both of them. |
| first_indexed | 2024-03-07T22:04:31Z |
| format | Article |
| id | doaj.art-af481e75807e45879e53b51eafc20c94 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:31Z |
| publishDate | 2018-08-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-af481e75807e45879e53b51eafc20c942024-02-23T23:19:23ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302018-08-01101827930410.22075/feqh.2018.13468.13693146Jurist Challenges of Organ Qisas (Retaliation) in Conjoined TwinsMahdiyeh Ghanizadeh0Ali Tavallaei1Mohammad reza Kaykha2University of Sistan and Baluchestan, Theology, Jurisprudence and the foundations of Islamic lawDepartment of Islamic Jurisprudence, Faculty of Theology, Yazd Universityuniversity of Sistan and BaluehestanIn conjoined twins, join of body to each other results in multiplicity or unity doubt of personality. These individuals are sometime two separate and independent personalities in a common body (multiplicity twins) and some of them are a unit personality that has extra part in its body (unit twins). This is one the most important issue which gives them a distinct rule from ordinary people. The aim of current study is to investigate the criminality and victimization rules of this type of compos mentis in the case of crimes and retaliation for wounds by descriptive-analytic method. The most important findings reveal that firstly, the criteria for determining their unity or multiplicity of their character is multiplicity or unity of their vital forces such as brain and heart. Secondly if multiplicity twins commit a crime to the organ of a person that is equal to their common organ, retaliation involves paying the ransom surplus. But if the crime is committed by one of the twins, the execution of retaliation transform due to loss of the other non-criminal twin. Thirdly, if in the case of multiplicity of twins, a crime is committed by one of the common organs by one of the twins, belonging organ to both of them require the criminal twin to pay half of the compensation. Fourth, in the assumption of multiplicity; crimes committed on their common organ, cause multiplicity of victim of crime ( Majniyon- alayh) and the criminal is responsible toward both of them.https://feqh.semnan.ac.ir/article_3146_edc39ff4796600b7533dc8d90b1018af.pdfconjoined twinsunity of personalitymultiplicity of personalitycrime against organorgan qisas (retaliation) |
| spellingShingle | Mahdiyeh Ghanizadeh Ali Tavallaei Mohammad reza Kaykha Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins مطالعات فقه و حقوق اسلامی conjoined twins unity of personality multiplicity of personality crime against organ organ qisas (retaliation) |
| title | Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins |
| title_full | Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins |
| title_fullStr | Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins |
| title_full_unstemmed | Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins |
| title_short | Jurist Challenges of Organ Qisas (Retaliation) in Conjoined Twins |
| title_sort | jurist challenges of organ qisas retaliation in conjoined twins |
| topic | conjoined twins unity of personality multiplicity of personality crime against organ organ qisas (retaliation) |
| url | https://feqh.semnan.ac.ir/article_3146_edc39ff4796600b7533dc8d90b1018af.pdf |
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