REVIEW OF THE LEGAL PRINCIPLES OF QISAS IN IMAMIEH JURISPRUDENCE: AN EMPHASIS ON AYATOLLAH KHOYI'S POINTS OF VIEW
DOI:
https://doi.org/10.22478/ufpb.2179-7137.2019v8n2.46512Palavras-chave:
Retribution, punishment, murder, justice, Islamic Penal CodeResumo
One of the most significant functions of the Qisas (retribution) law is to protect human beings lives as well as their integrity. Approving and execution of the said punishment is subject to several requirements where the lack of any of them can prevent its execution. It is worth observing that the impediments of execution, delaying and even fall and amnesty of retaliation has got a great importance in the Islamic punishment laws and regulations. These laws are originated from the famous fatwa of the Shi'i jurisprudents, but are not separately and independently classified under a particular title. This article seeks to review and reveal all circumstances in which the said punishment is set aside in spite of the commitment of the murder and the crime. In this research, this issue has been examined from the perspective of the famous jurists of Imamieh comparing with the views of Grand Ayatollah Khoyi as well as Islamic Penal CodeDownloads
Referências
Dutmarzai, Seyyed Mehdi (2016). Argumental Argument, Tehran: Taha Book. Thirty Fourth Edition.
Fadhil Lankarani, Mohammad, Excerpts from Al-Sharia for the description of the Tavrir al-Wislah-al-Qusas (2000). Qom: The Islamic jurisprudential center of the Imams. first edition.
Horr Ameli, Muhammad ibn Hasan, Vasail al-Shia ela Tahsil Masael al-Sharia, Qom, Al al-Bait (AS) L-ehya al-Turath, 1989.
Ibn Idriss, Mohammed ibn Mansour, Al-Sara'ar al-Hawi, Letahrir al-Fatawi (1990). Qom: Islamic Printing Office, Second Edition.
Ismail-Beigi, Mohammad (2011). Legal Jurisprudence. Volume 3, Tehran: Ghaza Institute for Educational and Research.
Khomeini, Ruhollah, Tahrir al-Waslah (1989). Volume 4. Qom: Al-Ali Press Press. First Printing.
Khoyi, Seyyed Abolghasem (2013). Translation of the Principles of Compilation of Al-Mannhaj. Vol. I Translation by Dr. Akbar Neibzadeh, Tehran: Khorsandi Publishing, 2013.
Madani Kashani, Reza (1990). Book of Al-Qasas. Qom: Islamic Printing Office. Second Edition.
Marashi Najafi, Shahabuddin, Al-Qusas Ali Zawu al-Quran and al-Sunnah (1995). Qom: Ayatollah Marashi Najafi Library Publishing. First Printing.
Marashi Shooshtari, Mohammad Hassan. (2007). Explanation of the Law of the Prophet and Qisas, 2, 1, Abbasi Shirani, Tehran: Volume. Second Edition.
Mirhosseini, Hasan (2005). Qisas in the Legal System of Islam and Iran. Tehran: Publishing.
Mohaqiq Heli, Najm al-Din Ja'far ibn Hasan, Shira's al-Islam al-Mu'zil al-Hilal and al-Haram (1988). Qom: The Ismaili Institution. Second Edition.
Mohaqiq Heli, Najm al-Din Ja'far ibn Hassan, Al-Mukhtasr al-Nahafi (1997). jurisprudence of al-Amamiyah, Qom: Al-Mutraqi Al-Diniyah Institute. Sixth Printing.
Najafi, Mohammad Hassan (2013). Translator Jahar Allaham, Qesas, Volume II Tehran: Khorsandi Publishing.
Sarakhsi, Shamsuddin, Al-Matssat (1986). Volume 26. Beirut: Dar Al-Marafah.
Shahid Thani, Zayn al-Din al-Bin Ali, Al-Rawzah al-Bhaiyah Faye al-Lama'a al-Dushqiyat (1990). Qom: Bookstore for Judgment. First Edition.
Sheikh Tusi, Mohammad ibn Hasan, Al-Khalaf (1980). Qom: Islamic Printing Office.
Sheikh Tusi, Mohammad ibn Hassan Tahzib al-Akkam (1987). Tehran: Dar al-Kabul al-Islam.
