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A Comparative Study of Intentional Murder Due to Coercion in the Jurisprudence of the Sects | ||
| The two-quarter journal of Sadiq's jurisprudential findings | ||
| دوره 2، شماره 2 - شماره پیاپی 3، تیر 2025، صفحه 113-134 اصل مقاله (8.18 MB) | ||
| نوع مقاله: Specialized scientific | ||
| شناسه دیجیتال (DOI): 10.22034/ms.2025.100594 | ||
| نویسنده | ||
| Mohammad tahir Tahir Mahdawi | ||
| Acting Editor | ||
| چکیده | ||
| Murder under duress is a jurisprudential and legal issue that, in addition to its judicial importance, also has scientific importance if examined from the perspective of jurisprudential schools. The foundations and reasons for the jurisprudential ruling on murder under duress and how to punish it in the Imamiyyah and Hanafi jurisprudential schools constitute the subject of this research. Discussions related to murder under duress have a history in ancient and modern jurisprudential texts that have been discussed in a discursive and scattered manner in accordance with the classification of chapters; however, according to the search conducted, no new jurisprudential research that is based on the rules of research methodology and that discusses this issue independently and coherently has been found. This research, based on library documents and the analytical-descriptive method, has found that Imamiyyah jurists have two views on the punishment of murder under duress: a well-known view and a less well-known view; The popular view is that coercion is ineffective in intentional murder and the murderer is sentenced to retribution and the coercer is sentenced to life imprisonment; however, according to a less popular view, the punishment for the murderer is not retribution and he must pay blood money. Hanafi jurisprudence has three views regarding the punishment for intentional murder due to coercion: the popular view is that both the coercer and the coerced are subject to retribution; according to the second view, only the coercer is subject to retribution, and according to the third view, the coerced must pay blood money. The ruling on intentional murder due to coercion in Imami and Hanafi jurisprudence is based on verses of the Holy Quran, hadiths, consensus, and the rule of reason, which each jurisprudential school has relied on based on its own principles. | ||
| کلیدواژهها | ||
| intentional murder؛ coercion؛ Imami jurisprudence؛ Hanafi jurisprudence؛ principles | ||
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آمار تعداد مشاهده مقاله: 11 تعداد دریافت فایل اصل مقاله: 8 |
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