|
Juridical and Legal Analysis for Legislative Gaps of Wisdom Dia (BloodMoney)
|
Rahmatollah Rezaei1    , Abol-Hasaan Shakeri2 |
1- of Law, Payame Noor University, Tehran, Iran. (Corresponding Author)
2- Department of Criminal Law, University of Mazandaran, Babolsar, Iran |
|
|
Abstract: (2929 Views) |
Wisdom (Aql) is one of god’s blessings to man. In order to maintain the health of Wisdom, the holy legislator, supports against several minor and partial injuries to wisdom (Aql) and covers the damage by complete or partial Dia (blood money). Consequently, chapter five of the second part of the Islamic Penal Code is dedicated to the problems of wisdom (Aql). It seems that there are serious weaknesses in Iranian legislative criminal system in this regard which did not mentioned in the juridical books. One of the most important examples is the concept of "Atah”. Although the word “Atah” is common in a period between insane and Madness, but it does not mean insanity. Likewise, in explaining the position of this concept among mental disorders, due to the lack of interruptions in relation with the realities of the world around him as well as loss of function, it is placed in category of nervouses. In the case of retaliation in crimes which causes decline or lack of reason (Aql), the evidence of the group which agrees with the execution of punishment (Qisas) is Sound. |
|
| Keywords: Diyeh of reason, dementia, mental disorder, insanity |
|
|
Full-Text [PDF 1160 kb]
(1440 Downloads)
|
Type of Study: Research |
Received: 2020/03/21 | Revised: 2020/03/27 | Accepted: 2020/03/28 | Published: 2020/04/1
|
|
|
|
|
|
