2
Professor/Department of Criminal Law,/ Faculty of Law, /University of Qom,
Abstract
“Awareness of the Law”, is considered as one of the conditions of criminal liability. This condition has been mentioned explicitly in Verses (Quran Ayahs), Hadiths and jurists (Foqaha) expression. Accordingly, criminal legislator in Iran has expressed “Awareness of the Law” as one of the conditions of criminal liability. What attracts attention is that until before 1392 “Awareness of Religiously Prohibition” was condition of criminal liability merely in some Haddi crimes: Adultery, Khmer Drink and Theft. But in Islamic Penal Code (passed 1392) “Awareness of Religiously Prohibition” was determinated as conditions of criminal liability in all Haddi crimes. Basics and legislative process of this condition and basics of changing the Legislator's approach is the subject of current study. Precision in Hadiths and jurists (Foqaha) expression brings us to conclusion that the purpose of “Awareness of Religiously Prohibition” is the same “Awareness of Prohibition of Committing” and in this concept the mentioned condition not only not specific to the three Haddi crimes (Adultery, Khmer Drink and Theft), but also does not have subjectivism in Haddi crimes and in all crimes is condition of criminal liability.
rajabi, M., & Sarikhani, A. (2020). “Awareness of Religiously Prohibition” as Criminal liability condition in
Perpetrators of Haddi crimes. Islamic Law, 17(65), 137-157.
MLA
mohammad rajabi; Adel Sarikhani. "“Awareness of Religiously Prohibition” as Criminal liability condition in
Perpetrators of Haddi crimes". Islamic Law, 17, 65, 2020, 137-157.
HARVARD
rajabi, M., Sarikhani, A. (2020). '“Awareness of Religiously Prohibition” as Criminal liability condition in
Perpetrators of Haddi crimes', Islamic Law, 17(65), pp. 137-157.
VANCOUVER
rajabi, M., Sarikhani, A. “Awareness of Religiously Prohibition” as Criminal liability condition in
Perpetrators of Haddi crimes. Islamic Law, 2020; 17(65): 137-157.
