Modern Jurisprudence and Law

Modern Jurisprudence and Law

The sentence of emergency premeditated murder with an approach to the state of aggression in jurisprudence and Iranian law

Articles in Press

Document Type : Original Article

Authors
amirreza mahmoudi
seyedeh mahshid miri balajorshari
Department of Law, Faculty of Humanities, Islamic Azad University, Lahijan Branch, Lahijan, Gilan, Iran
10.22034/jaml.2021.530943.1031
Abstract
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.
Keywords
Murder
Premeditated Murder
Emergency Premeditated Murder
State of Aggression
Modern Jurisprudence and Law

Articles in Press, Accepted Manuscript
Available Online from 27 June 2021