Islamic Law

Islamic Law

The responsible factor in assuming the duress of the auditor boy and his mistake in the purpose

Document Type : Original Article

Authors
1 Assoc. prof. of law department, Ilam University
2 Assoc. prof of Law and jurisprudence Dep. of Ilam University
3 M.A in Law and Jurisprudence
Abstract
The presence of reluctance and a mistake in the goal about a male child is one of the rare things that has not been examined in jurisprudence and law; However, this does not negate the analyzes and details about the duress or mistake in the purpose separately. Considering that there is no text or research about the reluctance of a young boy to commit murder due to his mistake in the target; therefore, investigating this issue and its foundations is considered to be of special importance and a new research. Interestingly, the basic principles of jurists regarding both legal and criminal issues refer to the case of the child's will and free will, not the case of his reluctance. The Islamic Penal Code has also considered the mere reluctance of a young boy to be the reason for his reasonable responsibility and the reluctance's imprisonment. Therefore, proving the intentionality of the involuntary crime of a young boy who was committed under his reluctance, intention and will can lead to a new clause in the penal law. The present research, through the use of descriptive-analysis method, scrutinizes the responsible factor in assuming the reluctance of the auditor boy and his mistake in the goal.
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