Legal and Judicial Study on Assigning a condensed wergild to intentional murder

Document Type : Original Article

Authors

1 Department of Jurisprudence and Principles of Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran

2 Islamic jurisprudence and principle in Ferdowsi University of Mashhad, Iran.

Abstract

The condensed wergild for murder in the sacred months was unanimously in the opinion of Islamic Jurisprudents, but the scope of it to all kinds of murder and the crimes infrared murder is differences in opinions that in this regard, generalized theory of condensed wergild for all kind of killing is accepted in the IPC. The main question about this legislative measure, it is “from the perspective of jurisprudence, whether condensed wergild sentence contains all sorts of murder is forbidden months or is limited to intentional murder". This research is done to arriving objective juridical and legal documentation for legislative in reforming Acts and with the assumption that the "condensed wergild in jurisprudence is dedicated only to intentional murder". Evaluate the pros and cons reasons of generalized judgment of condensed wergild on all kinds of killing showed the view of devoting the concentration of wergild to premeditated murders documented for jurisprudential and legal reasons is noteworthy and, on the other hand, is more effective than the generalized theory in today's societies, which are more alien to the forbidden months. Accordingly, the approach of the Islamic Penal Code of Iran in accepting the theory of generalization seems to be criticized, from a supra-legal point of view.

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