نوع مقاله : مقاله پژوهشی
نویسندگان
گروه حقوق، دانشکده علوم انسانی، دانشگاه آزاد اسلامی واحد لاهیجان، لاهیجان، گیلان، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the rules of jurisprudence that is widely used in both civil and criminal matters is the rule of urgency, to the extent that the application of this rule brings the rules of Sharia in accordance with the circumstances and the way for the administration of justice. According to the rules of the Qur'an and Sunnah (Hadith Raaf) and reason, in Islamic jurisprudence, urgency is an obstacle to criminal responsibility and is very important in relation to crimes against individuals. But there has been little discussion about assaults on lives, especially murders. Since there is a brief overview of the urgency of killing Iranian criminal law and in relation to the issue with the provision of Article 167 of the Constitution, we refer to fatwas and authoritative jurisprudential sources, so we have to study the issue jurisprudentially, although the issue In jurisprudence, too, it has been discussed and scrutinized only in the jurisprudential discussions of the jurists and most of the issues are that urgency is not a license for intentional murder, and the reason for this is the existence of the jurisprudential rule of Lataqiya fi al-Dama. However, there is an exception to this rule, each of which requires general conditions.
کلیدواژهها [English]
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