Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Jurisprudential Reflection on Mahdur-Al-Dam, the Subject of Article 302 of the Islamic Penal Code 2013

Document Type : Original Article

Authors
1 PhD Student of Jurisprudence and Criminal Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
2 Assistant Professor, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran. (Corresponding Author)
3 Assistant Professor of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
10.22034/jccj.2024.450741.1531
Abstract
Mahdur-Al-Dam is one of the important legal jurisprudence topics that has always been the subject of discussion and criticism. Determining the example of Mahdur-Al-Dam is one of the challenging issues that needs to be discussed. In Article 320 of the Islamic Penal Code of 2012, the legislator addressed Mahdvaldam. The purpose of this article is to examine Mahdur-Al-Dam, the subject of Article 302 of the Islamic Penal Code 2013 from a jurisprudential point of view. This article has analyzed the mentioned topic using a descriptive, analytical and library method. The findings indicate that, from the jurisprudential point of view, the punishment of Mehdur al-Dam is the only duty of the imam and the deputy imam and at the present time, the guardian of jurisprudence has delegated this authority to the courts of justice and is within the scope of their duties. No one is authorized and empowered to enforce the limits and punishments and to commit suicide of people with the belief such as retribution and Ta'zir. On the other hand, one of the most important challenges of acquitting Mahdur-Al-Dam’s murderer and his non-retribution is that it is difficult to prove that the victim was Mahdur-Al-Dam. By proving the apostasy of the victim, he will be punished because killing the apostate is one of the duties of the government, but if he cannot prove the apostasy of the victim or prove his mistake in this regard, he will be punished.
Keywords

Volume 4, Issue 3
Summer 2024
Pages 77-89

  • Receive Date 27 February 2024
  • Revise Date 04 June 2023
  • Accept Date 15 June 2024
  • Publish Date 22 September 2024