نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناس ارشد دانشگاه بین المللی امام خمینی قزوین
2 کارشناس ارشد دانشگاه مازندران
3 استادیار دانشگاه مازندران
4 استادیار دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Majority of Imamiye jurists believe that in organs nemesis (or Tarf nemesis)
equality of both organs in healthy is necessary. They say that healthy organ vis-àvis
unhealthy organ is not retribution. However in the opposite case, they has not
committed to this judgment. Scilicet, they say that unhealthy organ vis-à-vis
healthy organ is retribution.The legislator in the Islamic penal code (approved
1392) by accepting this theory in part “d” of article 393 has provided: “ In organ
nemesis other than the general conditions of nemesis, the following conditions
should also be observed: …d) Not to be retribution of healthy organ against the
unhealthy organ.” This theory had been discussed in the Islamic penal code
(approved 1370) under article 274 by this phrase: “Healthy organ vis-à-vis
unhealthy organ is not retribution.”
Authors with analysis the majority word and measurement it conclude that
documentation provided is not intended and sufficient for proving this claim. We
believe that mere equality in name of organs is adequacy and for retribution
equality in specifications of organ is not necessary. Although this theory is against
the view of majority of Imamiye jurists, but some contemporaries as well as
consistent with our theory. Also this view, unlike competing quote, is consistent
with generals of nemesis evidences and the basic rules in nemesis chapter demand
it.
کلیدواژهها [English]
