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Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   SPRING 2011 , Volume 13 , Number 32; Page(s) 265 To 292.
 
Paper: 

AN ANALYSIS OF MURDER OF NON-MUSLIM IN ISLAMIC LAW AND STATUTORY CRIMINAL LAW OF IRAN

 
 
Author(s):  KALANTARI KIOMARS*, KARIMI QAHREMAN
 
* FACULTY OF LAW & POLITICAL SCIENCE FROM MAZANDARAN UNIVERSITY
 
Abstract: 

In Islam and Iran criminal law, sanction for murder, with some special conditions, is retaliation. One of these conditions is religious sameness of murder and murdered. A general principle is that, from the religious point of view inferior regarding to religion against superior is avenged but superior regarding to religion against inferior will not avenged.
Religious sameness provides possibility of retaliation too. This principle is not accepted by all Islamic creeds and Hanafians do not regard it necessary and they believe in soul immunity sameness for Muslims and Non-Muslims. In addition maybe sometimes religion convert affects possibility of retaliation execution. Iranian legislation in many aspects, for some perceivable reasons, has been silent about Non-Muslims murder and in such cases because of law system of this country, Islamic jurisprudence is referred and this reference has a lot of ambiguity and problems.

 
Keyword(s): RETALIATION, NON-MUSLIM, MURDER
 
References: 
  • ندارد
 
  Persian Abstract Yearly Visit 71
 
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