Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Responsibility for Homicide by Sexual Relation in Jurisprudence and Iranian Criminal Law

Document Type : Original Article

Authors
1 Ph.D Student, Jurisprudence and Basics of Islamic Law Department, Faculty of Literature and Humanities, Tehran Centeral Branch, Islamic Azad University, Tehran, Iran.
2 Associate Professor, Jurisprudence and Basics of Islamic Law Department, Faculty of Literature and Humanities, Tehran Centeral Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2022.375460.1144
Abstract
Sexual relationship is not generally a cause of violence or murder. However, difficulty in intercourse in a man or woman can cause irreparable harm to their sexual partner or even lead to their death in some cases. The knowledge and awareness of the individual about his/her illness that has deprived him/her of having a normal sexual relationship, as well as the awareness that having a sexual relationship will cause harm to others (intention of the result), especially assuming that the sexual partner does not consent, if retribution is not possible and the damage is stipulated in the law, he is sentenced to pay blood money, and otherwise, he/she is obliged to pay Arsh, because the evidence of permissibility of enjoyment is not absolute and in some cases, they also end up in Haraam, which entails criminal liability. However, if the individual is not aware of his illness or his/her purpose in having a sexual relationship is not to harm others or his/her sexual partner is satisfied, he/she lacks criminal liability and is sentenced to pay blood money or Arsh.
Keywords

Volume 4, Issue 4
Autumn 2024
Pages 131-137

  • Receive Date 19 June 2022
  • Revise Date 26 October 2022
  • Accept Date 07 December 2022
  • Publish Date 21 December 2024