Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Analyzing the Forms, Conditions and Effects of Glorification in Murder from the Perspective of Iranian Jurisprudence and Criminal Law

Document Type : Original Article

Authors
1 PhD Student, Department of Fiqh and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran.
2 Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran. (Corresponding Author)
3 Professor, Department of Figh and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran.
10.22034/jccj.2025.410718.1334
Abstract
Today, the society has many examples and various situations of murder and the effective presence of more than one person in its occurrence. Although on the surface, jurisprudence and penal texts are available regarding these forms, unfortunately, in practice, due to the differences in their interpretation, we see different perceptions by people, including academics, lawyers and judges. Sometimes, even in the real world, there are cases that, on the one hand, due to their rarity, and on the other hand, due to the failure of the jurists and legislators to provide criteria and standards, make it difficult to compare them with the previous cases. The findings show that this problem is more visible in different situations of community of means and community of cause and manager. Considering the fact that any ambiguity and misperception in the issue of "the temperature of Muslims" can lead to irreparable consequences, therefore, explaining the issue and a complete and detailed review of the examples can lead to clarifying the issue and providing accurate criteria for applying the examples and removing ambiguities. . On the other hand, by carefully and expertly examining the opinions of different jurisprudents and criticizing them, it is possible to understand the weak and strong points of the law and to help in the correct interpretation of the laws in these cases and to amend the relevant laws. Therefore, the present writing is descriptive, analytical and with a comparative approach, which is first conducted in each topic, if necessary, and after refining the topic, its jurisprudential and legal dimensions are analyzed and investigated.
Keywords

Volume 5, Issue 2 - Serial Number 2
Spring 2025
Pages 95-116

  • Receive Date 09 November 2024
  • Revise Date 26 January 2025
  • Accept Date 11 March 2025
  • Publish Date 22 June 2025