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Paper Information

Journal:   FASLNAMAH-I PAZHOHESH HAYE FIQH VA HUQUQ ISLAMI (ISLAMIC LAW & JURISPRUDENCE RESEARCHES QUARTERLY)   spring 2019 , Volume 15 , Number 55 ; Page(s) 179 To 198.
 
Paper: 

Interference Decrees in the Crimes Subject of lex talionis (Qisas) Envisaged under Islamic Penal Code Adopted in 2014

 
 
Author(s):  Minouei Elnaz, Pourghahremani Babak*
 
* Maragheh Azad University, Maragheh, Iran
 
Abstract: 
One of the notable innovations in the Islamic Penal Code Adopted in 2014 concerns its attention to ‘ Interference of Crimes’ which is known as the ‘ Interference of Reasons’ under Islamic Jurisprudence denoting different and various intentional crimes perpetrated with a single or multiple strikes by the criminal to the victim. The mentioned law, over the 2nd chapter of the Book of lex talionis (Qisas), elaborates the issue of ‘ Interference of Crimes’ aiming to obviate the legal vacuum. Although in the occurrence of crimes the main prevalent principle is non-interference of reasons but, in some specific cases the interference of reasons has been accepted as such that whenever multiple crimes are perpetrated by the criminal against the victim through a single strike, interference of reasons has happened, when various crimes occur through various strikes and the interference of reasons happens if the strikes are done consecutively; otherwise, no interference of reasons is envisaged.
 
Keyword(s): Interference,Crimes,lex talionis (Qisas),Multiplicity,Islamic Penal Code of 2014
 
References: 
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