Islamic Jurisprudence and juridical analysis of Homicide with Non-physical act (non hitting behavior) The act of killing is an act that can take another person’s right of living. However, rarely, act has two types: action and abandoning the action. And action has two types too: physical and non-physical. Every action that does not left a concrete and visible effect on another person’s body and mostly causes mental damage to another person is called non-physical action. Non-physical actions are, for instance, shouting, telling someone bad news (like telling someone that his or her only child is dead) and etc. The question here is that if the non-physical causes a murder, would the responsible person have considered as a murderer? Should he or she punished? Imamieh Faqihs consider murder with non-physical act, if it is deliberate, and its punishment is execution. Based on clauses of 499 and 501 of Islamic law, committing murder with non-physical acts is like murder with physical action and it is acceptable for the lawmaker. The murderer will be punished based on the case. For doing the criminal responsibility, recognizing the attributable ability resulting form the criminal act (murder) perpetrator (murderer) is necessary. And it must be essential to attribute the act of killing to the murderer.
neisi, A., Barati, F., & pazhuhandeh, S. J. (2021). Islamic Jurisprudence and juridical analysis of Homicide with Non-physical act(non hitting behavior). Islamic Law, 17(67), 241-270.
MLA
Abdolamir neisi; Farajolah Barati; seyyd jasem pazhuhandeh. "Islamic Jurisprudence and juridical analysis of Homicide with Non-physical act(non hitting behavior)". Islamic Law, 17, 67, 2021, 241-270.
HARVARD
neisi, A., Barati, F., pazhuhandeh, S. J. (2021). 'Islamic Jurisprudence and juridical analysis of Homicide with Non-physical act(non hitting behavior)', Islamic Law, 17(67), pp. 241-270.
VANCOUVER
neisi, A., Barati, F., pazhuhandeh, S. J. Islamic Jurisprudence and juridical analysis of Homicide with Non-physical act(non hitting behavior). Islamic Law, 2021; 17(67): 241-270.
