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In this paper, we have tried to express the distinction of opinion of Ayatollah Khuei in terms of ways of confirming murder. In this regard, we have both tried to both specify the most well-known ways of confirming murder in addition to sentences and effects of such counts. In this regard, ayatollah Khuei has said: what results in retaliation is taking an equal innocent human's life intentionally. This definition not only points out the pillars of retaliation, but also points out its conditions as well. As an explanation of this expression, ayatollah Khuei says that by innocent it is meant that the life of the victim shouldn't have been taken. He further explains that in Islam, both the victim and the murderer are seen equal in terms of freedom of will. As you can see, religious, freedom and etc. are not considered as pillars of intentional murder. In this regard and with reliance on jurisprudential sources, most important ways of confirming a murder from the view of ayatollah Khuei have been investigated. These include: confession, testimony, swearing and judge's knowledge.
Solo International Collaboration and Publication of Social Sciences and Humanities
Premeditated Murder in the Modern Era Comparative Study of Perspectives on Islamic Law and the Criminal Code2023 •
This study tries to 1) identify the elements that lead murderers to plan their crimes, and 2) understand those elements. The judge's factors to consider when determining murder cases with intent to kill, 3). Comparing the Criminal Code with Islamic law's definition of premeditated murder. To gather data for this study, a library research technique known as a normative juridical approach to literature evaluation was used. The Criminal Code, followed by the Koran, Hadith, and translations into Indonesian, as well as relevant scholarly works, books, and articles, served as the source for legal information. The study's findings led to the conclusion that Indonesian law's Criminal Code Articles 338–350 govern the crime of murder. In the Criminal Code, premeditated murder is defined as a purposeful killing, whereas in Islamic criminal law, the victim's life is the first thing that is intended to be taken. According to Article 340 of the Criminal Code, the perpetrator o...
Extra judicial killing is an undeniable fact that has been happening in every corner of the world under various eye-catching covers given by the concerned authority of the state. This article draws a plain picture on the legal status of such universally unacceptable activity in the light of traditional theory of criminal law as well as the criminal law of Islam. This article highlighted the general process of a judicial sentence and execution thereof. What the glorious QurÉn and Sunnah dictate in this regard has been discussed in this paper. It also attributes the rights of an accused under the contemporary legal system and Islamic Legal system.
Al-Aijaz Research Journal of Islamic Studies & Humanities
E-11 Compatibility of The Islamized Law of Murder of Pakistan with Modern Jurisprudence2020 •
The Islamized law of murder, known as the qisas and diyat law of Pakistan, has been under severe criticism since its enforcement. This paper discusses the main features of Islamized law of murder, i.e. qatli-amd, of Pakistan. The paper also encompasses the meaning of law under contemporary jurisprudence and theories of law. The paper further discusses the compatibility of the Islamized law with the latest jurisprudential developments in modern societies. In the end, the paper suggests some further modifications into the existing criminal law of Pakistan about heinous office of murder as Islamized in the year 1990 and amended many times, subsequently. Finally, it holds that Islamic law of qisas and diyat is compatible with the latest jurisprudence and standards of modern world; hence is, practically, viable.
In the present article tried to briefly investigate about the effect of emergency in the intentional murder whether it's licensed or not. For this purpose, the legal sources of this law have been studied and evaluated. In Iran's criminal justice system, after dividing the general assumption of "intentional murder" into three assumptions "another assassination to survive", "the commission of a murder by a third party with respect to one of the parties at risk to save the second partie's live " and "killing less people to save more lives", proof of permission or non-permission to commit murder in these assumptions were examined and eventually it was concluded that in each case, if there be an opportunity to assess the benefits and disadvantages of the perpetrator and legal considerations, rational and sharia to determine the importance of the value placed on commit, the perpetrator should not be ruled to punishment for deliberate mur...
2021 •
The principle of the Presumption of Innocence is one of the main principles of all modern legal systems. It is also an important right of the accused mentioned in the human rights documents. The principle simply means that an accused considered innocent until proved guilty by a competent court. Using the descriptive-analytical method, this article studies this principle from the Islamic Law perspective exploring its meaning, basis, and exceptions. The article finds that Islamic law recognizes this principle in its highest sources, That are the Holy Quran and Hadith (sayings and actions of the Holy Prophet Mohammad). The Prophet Mohammad (PBUH) himself and so Muslim jurist applied this principle in both civil and criminal cases. Furthermore, the article identifies two main exceptions of the Presumption of Innocence in Islamic law that are: transferring burden of proof from the plaintiff to the accused when there are reasonable doubts against him/her such as strangely enrichment of a ...
Contemporary Issues on Interfaith Law and Society
A Discourse of Capital Punishment in the Islamic Law and Human Rights LawThe death penalty for convicts is an age-old subject to a lot of criticism from various quarters. The implementation of the death penalty is considered inconsistent with the principles of human rights which are principles of international law where countries cannot refuse because of common alignments, namely the right to life. The punishment of m ati raises pros and cons in Indonesian society, some agree with this punishment because the death penalty intends to protect the public interest and not a few oppose it, they argue that the death penalty is contrary to human rights principles. This fact encourages the author to examine the implementation of the death penalty based on human rights and Islamic law, this is because the majority of Indonesians are adherents of the Islamic religion and also because the implementation of the death penalty is still carried out in Indonesia in certain crime cases. To examine this conflict, the author uses a normative juridical method with the conc...
Every man remains innocent until proven guilty is a universally accepted legal term. The purpose of the judicial administration is to provide justice in each and every case that appears before the court. Therefore, no one should be killed by any reason without defending himself. However, it " s harsh but true that extrajudicial-killing is an undeniable fact which is happening around the world under various eye-catching covers given by the concerned authority of the State. This article tries to find out different modes of extrajudicial killings that are happening around the globe and also tries to argue whether the international measures are sufficient to stop such unlawful or extrajudicial killings. Focus has been brought on the issue how killing of civilians and suspects during international armed conflict and killings of innocent individuals, suspects and criminals by State and non-State actors can be minimized or stopped.
Every man remains innocent until proven guilty is a universally accepted legal term. The purpose of the judicial administration is to provide justice in each and every case that appears before the court. Therefore, no one should be killed by any reason without defending himself. However, it"s harsh but true that extrajudicial-killing is an undeniable fact which is happening around the world under various eye-catching covers given by the concerned authority of the State. This article tries to find out different modes of extrajudicial killings that are happening around the globe and also tries to argue whether the international measures are sufficient to stop such unlawful or extrajudicial killings. Focus has been brought on the issue how killing of civilians and suspects during international armed conflict and killings of innocent individuals, suspects and criminals by State and non-State actors can be minimized or stopped.
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