The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the ...innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed.
According to Article 91 of the Penal Code, any kind of doubt on the "intellectual development and perfection" of a child causes the punishment of Hadd and Qisas to fall. In fact, by expressing this ...concept, the legislator has taken a valuable step towards the transcendence of the principles of criminal law for children and adolescents; but at the same time, due to the ambiguity and theoretical shortcomings, this issue is associated with many intellectual conflicts among legal scholars. If this concept and its relationship with intellect in the field of criminal responsibility are not well clarified, multiple practices in criminal proceedings in this regard will be expected. Intellectual development is a concept that inherently related to some of the basics of neuroscience. Therefore, the present study strives to explain this concept in the context of neurolaw and to determine its achievement criteria. In this regard, using the valuable experience of the American jurisprudence to localize its mechanisms and legal teachings in our country's criminal justice system can be very fruitful. The findings of this study, in addition to significantly eliminating scientific gaps in this field, provide judges with appropriate views and criteria regarding the intellectual development in juvenile delinquency.
Barriers to judicial justice are behaviors that interfere with the rights of individuals to equal access to the judiciary or the right of society to prosecute and punish criminals, and provide the ...basis for the lack of justice. For this reason, the Islamic political system has provided appropriate and comprehensive solutions for the realization of judicial justice and has pointed out the obstacles to its realization. In the penal laws of Afghanistan (Arts. 461-494) and France (Arts/ 434-1 to 434-30) respectively, a chapter has been devoted to these crimes. In this study, we seek to answer this question that what strategy has been adopted by the penal policies of Islam, Afghanistan and France in the face of the positive barriers to judicial justice? The findings of the research indicate that in general, the policy and practice of Islam is not fully compatible with the criminal laws of Afghanistan and France for the described crimes. Because, first, the criminalization of these actions has been, in general, without taking into account the fact that they are actions against judicial justice; second: some of the factors that impede the administration of judicial justice (No concealment of sexual offenses, Injustice and lack of specialization of judges), which are prohibited according to Islamic teachings, have not been criminalized and observed by the legislators of these countries. This article has been conducted through a descriptive-analytical method. While exploring the need to criminalize barriers to judicial justice, positive barriers to judicial justice such as failure to report crimes, threatening the victim of the crime not to file a complaint, elimination of the evidence of the crime and hiding the criminals are identified from the perspective of the criminal law of Afghanistan, France, and Islam. Finally, the performance of the legislators of these countries in dealing with this category of crimes has been criticized and studied.
The children of incarcerated parents remain a highly vulnerable and underrated population in academic discourses, and very little is known about the impact of parental incarceration from the ...perspective of the children in Kashmir. The passing glimpse into children's experiences comes from some previous studies that have researched conflict-linked incarceration and its impact on family members, including children. To fill this gap in research, the current article was designed to explore and document the lived experiences of children of incarcerated parents imprisoned for purely nonpolitical offenses or offenses under the Indian Penal Code (IPC). Data was collected by interviewing the children of 17 prisoners. The analysis of the data led to the emergence of the following key themes: denial vs shame, ambiguous loss, impoverishment of the prisoner's family, experiencing stigma, living in constant fear of reprisal from the victim's family, and coping mechanisms used by the children to overcome the challenges developed due to their parental incarceration.
There are many arguments for and against the law of abortion around the globe. Though Sri Lankan law has remained static on the subject, many of the ideologies and the laws of other countries have ...changed with the ground realities. Under the Sri Lankan law, abortion has been criminalized under sections 303 to 306 of the Penal Code. Since the enactment of the Penal Code of Ceylon in 1883, there has been no amendment brought about for the provision relating to abortion. However, in recent decades, increased interest has been focused on laws of abortion and attempts have been made to reform the laws of Sri Lanka. This situation has reached its climax with the effort of the recent cabinet paper on amending the current law on abortion. This research paper examines whether the existing law relating to abortion in Sri Lanka adequately addresses the social realities and if not, how the existing law be reformed especially, with reference to neighboring India. At the same time, the historical foundation and background of the law pertaining to abortion was also discussed briefly. This research was conducted primarily as a qualitative research, mostly using secondary sources. This paper, while examining the global trends relating to abortion, identifies that the jurisdictions around the world permit abortion on seven grounds while Sri Lanka accepts only one of them. However, the research concludes that it would not be advisable for Sri Lanka to adopt criteria which underpin strange ideologies. The principles, culture and the moral values that underlie the Sri Lankan society must be seriously considered in deciding appropriate amendments. Similarly, it is vital to maintain a balance between providing access for termination in genuine cases and to ensure that the law is not abused.
La presente investigación comprende un estudio teórico y empírico relacionado con la prisión permanente revisable, la cual, a pesar de llevar en vigor pocos años en nuestro Código Penal, se configura ...como una condena de gran repercusión dogmática y social. En consecuencia, los dos pilares sobre los que se sustenta el debate generado se establecen en la gravedad de los hechos delictivos cometidos por las personas condenadas por la misma y en la duración de la mencionada condena.
In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of ...offenders committing violent crimes like homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. The Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts of other jurisdictions. While in other countries Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, the Indian Courts have resorted to it only to explain the effects of battering relationship. The fact that Battered Woman Syndrome has only been recognised in such small number of cases and the lack of scholarship in this particular area, clearly resonates the resistance of the Indian criminal law towards women’s accounts of experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a ‘kill or be killed’ situation. Since BWS as a subject has quite extensively been researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 to accommodate the cases of battered women and highlights the need for introducing a new justificatory defence as a plausible solution.
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