The Critique of Legal Principles Article 619 of the Islamic Penal Code (approved in 2013)
Abstract Regarding the amount of blackened diamond that has been blackened (Al-Sun al-Awsud), the fatwa of the Imams is different and different; As the present paper of the subject in the written jurisprudential legacy has identified four theories in the assumption of the problem: 1. Three thirds of...
| Main Authors: | , , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2019-07-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_9999_3ad7eb03d376cd713c1636faded50ec0.pdf |
| Summary: | Abstract Regarding the amount of blackened diamond that has been blackened (Al-Sun al-Awsud), the fatwa of the Imams is different and different; As the present paper of the subject in the written jurisprudential legacy has identified four theories in the assumption of the problem: 1. Three thirds of a healthy diyeh. 2. A quarter of a diy's proof. 3. Arsh's proof. 4. A detailed view (a third of a diyeh in a corrosive black teeth and an arshash fixation in a black teeth that is not weak). However, the legislator of the Islamic Penal Code chooses from among the existing votes the famous view (the third of the bill), which reflects the following in Article 619: "... Diyah teeth that have already been blackened, one third of the Diyah is the same teeth" But the results of this research suggest weakness of this view. In the descriptive-analytic research, and in a problem-oriented manner, after the explanation of the words in the problem, they have tried to evaluate and analyze them and evaluate their validity in the balance of the jurisprudence. The results of the research show that the only view that can reasonably be defensible is the promise of the |
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| ISSN: | 2345-3575 2476-6224 |