Volume 5, Issue 4 (2001)                   CLR 2001, 5(4): 105-123 | Back to browse issues page

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Mousavi Rokni S A A. The Legal and Theological Attitude toward Crimes and Punishments. CLR. 2001; 5 (4) :105-123
URL: http://clr.modares.ac.ir/article-20-9024-en.html
Assistant Professor, Ghom University
Abstract:   (4474 Views)
Seyyed Ali Asghar Mousavi Rokni Assistant Professor, Ghom University This article is discussing methodology scholars' attitude in jurisprudence and divine law about how they can prove the crime and the act of sentence. In usual researching methods, these are followed in legal - penal subjects and its theological aspect is less considered, but within this article, while dividing the subject into sections, including "the quality of responsibility" and "the omission of responsibility and sentence" , the legislator's attitude toward real criminal and the quality of act or abolition of sentence has been discussed. The first section implies the precision of methodology as the jurist's thought supporter to recognize the real criminal, since the presupposition for attributing the title of criminal to someone, is being addressed by divine law and this fact occurs with in the discussion of the quality of responsibility. In the second section, the specific attention of the legislator toward the rights of criminal is discussed and considering the special conditions which the criminal faces, the question of reducing or abolishing of sentence from him or her arises, that means the same important question called "acquittance" and the importance of this matter is that the ignored rights of the oppressed people must also be regarded. Obviously, this article can not include all of the legal-theological discussions in this field, and only some parts of it has been dealt with.

Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30

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