عقوبة الخطأ في حوادث المرور في القانون الجنائي الإيراني : دراسة فقهية مقارنة في ضوء مقاصد الشريعة /
This research aims to do a comparative study of Iranian criminal law and Islamic jurisprudence on penalties of unintentional criminal offences given to traffic offenders. Such penalty is one of the measures of Shariah to protect live. The researcher adopts the inductive method to examining relevant...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2015
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9053 |
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| Summary: | This research aims to do a comparative study of Iranian criminal law and Islamic jurisprudence on penalties of unintentional criminal offences given to traffic offenders. Such penalty is one of the measures of Shariah to protect live. The researcher adopts the inductive method to examining relevant juridical and legal texts related to the topic and some shi'a Imamates's juridical sources on which Iranian criminal laws are based. This researcher also employs the analytical and comparative methods in analysing and comparing issues related to penalty of unintentional traffic offences from both the Iranian criminal law and Islamic jurisprudence. The study defines the concept of punishment and traffic offences and its relation to unintentional crimes. The research also explains the type of mistake and its pillars in Iranian criminal law and Islamic jurisprudence. It discusses the causes of traffic accidents, the effective causes of liability, forms of traffic collision and penalties given in the two systems. The penalties include three main themes: (a) The original punishment which includes blood money and expiation, (b) substitutive punishment such as discretionary punishment and fasting, (c) the subordinate punishment such as deprivation of inheritance and will. Iranian criminal law only includes blood money and discretionary punishment. This research has revealed several important findings among which are: The essence of legal liability in a traffic crime is unintentional act until otherwise is proven. What constitute unintentional act in a traffic offence is any commission or omission of the actor in which the action leads to a traffic accident without the intention of the actor or without knowing the consequence of such action. The direct driver (al-mubāshir) is held responsible; not the indirect causer. The causer (al-mutasabbib) is cleared of charges unless he is the transgressor (muta'addi) or excessive (mufrit). The research concludes that the blood money of a Muslim man and woman is equal and the blood money of non-Muslim and religious minorities is equal to the blood money of a Muslim man. In this regard, the 'Aqilah (blood relative/solidarity group), and not the offender (al-jani), is responsible for the payment of blood money within three years of the offence. However, the offender is supposed to undergo penance and discretionary punishment (al-Ta'zir) set by the judge. Finally, a sane adult who commits an unintentional homicide shall not inherit the will of the deceased. An exception to the ruling is when the offender is a child or an insane. Also, the killer shall be denied taking the will from whom he killed. |
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| Item Description: | Abstracts in English and Arabic.
"(بحث متطلب مقدم لنيل درجة الدكتوراه في معارف الوحي والتراث (قسم الفقه وأصول الفقه."--On title page. |
| Physical Description: | [xvii], 452 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 381-418). |