Jurisprudential Research into Punishment for Participation in Premeditated Murder

Document Type : Research Paper

Authors

1 Assistant Professor, Faculty of Law and Political Sciences, University of Kharazmi, Tehran, Iran

2 Ph.D Student, Faculty of Law and Political Sciences, University of Kharazmi, Tehran, Iran

Abstract

In the quality of retribution for a group participating in the murder of one person, there are two bases among the Imamiyyah jurists. Most jurists believe that the guardian of the tail can retaliate against all partners in murder, provided that he pays the ransom in excess of each person's crime. Some other jurists believe that the guardian of the tail can retaliate against one of the killers, and the other partners must pay the ransom in excess of their crime to the retaliated person. The present study seeks to answer the question of whether it is possible to retaliate against a group that has been involved in the murder of a person. Examining the authentic and valid narrations which are the main and most important reason of each of the parties, we come to this conclusion that the emergence of narrations indicating the permission of retaliation for one of the partners in premeditated murder is bound by the clear text of the narrations indicating retaliation of all the partners in premeditated murder and it is supposed to be abominated. As a result, all partners in crime can be retaliated against. 

Keywords

References

  1. - The Holy Quran

    1. Amoli, Mirza Hashem (1984). Taqrirat- Alosoul, Tehran: Farahani, (in Arabic).
    2. Alam al-Huda, Ali ibn Husayn (1994). Al-Intisar, Qom: Islamic Publications. (in Arabic)
    3. Fazel Lankarani, Muhammad (2000). Tafsil al-Shari'ah fi Sharh Tahrir al-Waseela (al-Qisas), Qom: the jurisprudential center of the Imams. (in Arabic)
    4. Fazel Miqdad, Jamaluddin (1998). Kanz al-Irfan, World Assembly for the Rapprochement of Islamic Religions. (in Arabic)
    5. Haji Dehabadi, Ahmad (2017). Crimes against persons (murder), Tehran: Mizan, first edition. (in Persain)
    6. Horr-Al- Ameli, Muhammad ibn Hassan (1988). Tafsil Vasaiel Alsharia, research of Al-Bayt Institute, Qom: Al-Bayt Institute, first edition. (in Arabic)
    7. Halabi, Taqi Ibn Najm (1982). Al-Kafi Fi Al-Fiqh, Isfahan: Amir Al-Momenin Public Library. (in Arabic)
    8. Ibn Idris, Muhammad ibn Ahmad (1989). Al-Saraer, Qom: Islamic Publishing Institute,(in Arabic).
    9. Ibn Babawiyah (Sheikh Saduq), Muhammad ibn Ali (1992). Man la Yahzor Al Faqih, edited by Ali Akbar Ghaffari, Qom: Islamic Publications Office, second edition. (in Arabic)
    10. Ibn Braj, Abdul Aziz (1995). Al-mohazzab, Qom: Islamic Publishing Institute, (in Arabic).
    11. Ibn Zohra, Hamza Ibn Ali (1994). Qounia- Annozou, Qom: Imam Al-Sadiq Institute (p.b.u.h), second edition. (in Arabic)
    12. Khansari, Seyed Ahmad (1984). Jame - AlMadarak, Qom: Ismailian Institute. (in Arabic)
    13. Khoei, Sayyid Abu al-Qasim (1992). Rejal - Al hadith. (in Arabic)
    14. Koleini, Muhammad ibn Ya'qub (1986). Al-Kafi, edited by Ali Akbar Ghaffari and Mohammad Akhoondi, Tehran: Islamic Library, fourth edition. (in Arabic)
    15. Marashi Najafi, Shahabuddin (1994). Retaliation against the Qur'an and the Sunnah, Qom: published by Ayatollah Marashi Najafi. (in Arabic)
    16. Muzaffar, Mohammad Reza (2008). Principles of jurisprudence, translated by Hamid Masjed Sarai and Abbas Zeraat, Qom: Islamic law. (in persian)
    17. ---------------------------- (1999). Al-Manteq, Qom: Dar al-Tafsir Publications. (in Arabic)
    18. Mufid, Muhammad ibn Nu'man (1996). Al-Muqna', Qom: publications affiliated with the teachers' association. (in Arabic)
    19. Muqaddas Ardabili, Ahmad ibn Muhammad (2005). Al-Faida and Al-Burhan Association in the Explanation of Mind Guidance, Qom: Islamic Publishing Institute. (in Arabic)
    20. Najashi, Ahmad ibn Ali (1997). Al-Rijal Al-Najashi, research by Seyyed Musa Shobiri Zanjani, Qom: Islamic Publishing Institute, sixth edition. (in Arabic)
    21. Najafi, Mohammad Hassan (1988). Jawahar al-Kalam, Tehran: Islamic Library. (in Arabic)
    22. Ravandi, Saeed Ibn Heba Allah (1984). Figh - AlQuran, Qom, Ayatollah Marashi Najafi Library. (in Arabic)
    23. Shahid Thani, Zayn al-Din bin Ali (1937). Masalak al-Afham, Qom: Institute of Islamic Studies. (in Arabic)
    24. Salehi Mazandarani, Ismaeil (2003). Muftah al-Osul, Qom: Salehan. (in Arabic)
    25. Tusi, Muhammad ibn Hassan (1970). Al-Istibsar, edited by Hassan Mousavi Khorsan, Tehran: Islamic Library, first edition, (in Arabic).
    26. ---------------------------- (1986). Al-Khalaf, Qom: Islamic Publications Office. (in Arabic)
Religious Researches
Volume 17, Issue 4
January 2022
Pages 1163-1182

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History

  • Receive Date: 16 September 2019
  • Revise Date: 26 July 2020
  • Accept Date: 26 July 2020

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