Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom
Abstract
The mental element of Intentional crime, because it has a mental aspect, is very complicated to prove. This difficulty is present to all Components of this element in both intentional and unintentional crimes. In the present article, by using analytical-descriptive method, The author has tried to comparatively study the reasons and techniques of proving the Components of the Mental element in intentional crimes, including knowledge, general intent, and specific intent in Islamic jurisprudence and the law of the United States of America. The research findings show that the criminal intent and its components are mainly proven on the basis of Objective Circumstantial Evidences. Which in American law has tried to get overcome the difficulties of proof by applying assumptions. However, in Islamic jurisprudence, it is permissible to prove the contrary of the principle of lack of intention only through the confession of the accused or otherwise objective evidence and exteriors to assure the judicial authority; and the reliance on presumptions is not recognized in this regard.
Akrami, R. (2020). The Proof of Mental Element of Intentional crime in Islamic jurisprudence and United States law. Islamic Law, 17(66), 103-127.
MLA
Rouhollah Akrami. "The Proof of Mental Element of Intentional crime in Islamic jurisprudence and United States law". Islamic Law, 17, 66, 2020, 103-127.
HARVARD
Akrami, R. (2020). 'The Proof of Mental Element of Intentional crime in Islamic jurisprudence and United States law', Islamic Law, 17(66), pp. 103-127.
VANCOUVER
Akrami, R. The Proof of Mental Element of Intentional crime in Islamic jurisprudence and United States law. Islamic Law, 2020; 17(66): 103-127.
