Application or Non-Application of Dar´ Rule to Retaliation: A Focus on Islamic Penal Code 2013

Although the reflection of Dar´ rule in the Book One (Generalities) of Islamic Penal Code 2013 under the articles 120 and 121 indicates that the rule also applies to retaliation (qisas), apparently many articles of the Book Four (retaliation) of Islamic Penal Code 2013 evoke the meaning that Dar´ rule is not applicable to retaliation. Three possibilities are imaginable when the articles 120, 121, and the afore-mentioned articles get together: the application of Dar´ rule to retaliation except the afore-mentioned articles; the application of Dar´ rule to retaliation in general and the domination of the articles 120 and 121 over afore-mentioned articles; non-application of Dar´ rule to retaliation in general. Reviewing three possibilities and presupposing that first, Dar´ rule has exclusive function only in the case that the evidences and the positive principles are punishments, and second, it is only meaningful when the judge casts doubt on instances, the article supports the application of Dar´ rule to retaliation and generally to the human rights whether they are hudud (crimes fixed and severe punishments in Islamic sources), qisas (retaliation), diyat (monetary compensation for deaths and bodily injuries), and ta´zirat (discretionary punishments estimated by a judge)

Manslaughter by Omission: from Criterion to Instance

It is possible to commission of quasi-intentional felony, the subject of three clauses of article 291, by omission with this condition that the most prominent example of felonies is to be committed by the omission in C section (falseness) of this article. In clause (a) and (b) of this article, the behavior is not effective and can consist of action and omission. The most challenging part of this research is the possibility of commission of simple mistake felony by omission. The commission of simple mistake felony, the subject of clause (a) of Article 292 is not possible by omission, since in this assumption, or the perpetrator is not responsible for the lack of the condition of ability or, in the case of liability, the crime is intentional or quasi-intentional. In clause (b) of this article, if the minor is undertaking in accordance with Article 85 of the Non-Litigious Matters Act, and a felony is committed by commission, this is simple mistake felony. Finally, although the commission of simple mistake felony, the subject of clause (c) of Article 292, is rare by omission, but it cannot be falsified

Punishment of Third party Duressor in crimes punishable by Hadd

Transparency and comprehensiveness are obvious features of an efficient law. The legislators under Article 151 of the Islamic Penal Code of 2013, explicitly mentioned the punishment for Duressor in the crimes punishable by Ta'zir, while explaining the punishment for direct offenders in crimes. The concluding part of the above mentioned provision stipulates: "In crimes punishable with Hadd and retaliation (Qisas) matters shall be handled in accordance with the relevant provisions of law." Duress in felony under the subject matters in Articles 375-380 of the Act is described in more exhaustive detail than the previous law. However, punishment of Duressor for crimes of Hadd is only referred to in offenses of pederasty, gay, and lesbian, in the assumption of duress by one of the parties to the crime. The legislators just like in the previous legislations on punishment of Duressor in other offenses of Hadd and Bilateral offenses of Hadd, is silent. The vast majority of Islamic jurisprudents believe that punishment of Hadd is inapplicable to Duressor in the above hypothesis. In contrast to the common view, the writers believe that imposing sentences of Hadd on the Duressor is feasible in crimes that can be attributed to the Duressor