نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد گروه حقوق کیفری و جرم شناسی، دانشکده حقوق دانشکدگان فارابی دانشگاه تهران، ایران، قم
2 دانشجوی دکتری حقوق کیفری و جرم شناسی، دانشکده حقوق دانشکدگان فارابی دانشگاه تهران، ایران، قم
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Ignorance is one of the complex and challenging topics in islamic jurisprudence and criminal law. Article 144 (in the chapter of the conditions of criminal responsibility) and Article 155 (in chapter of the impediments to criminal responsibility) refers to ignorance of fact. Despite the allocation of separate legal articles to these two types of ignorance, the fundamental differences between them and the practical effects of these differences in criminal law are still accompanied by ambiguities that have led to disagreements in the interpretation of the law. In ddition to statutory law, these two types of ignorance are also the source of disagreements in Islamic jurisprudence. A comparative study of jurisprudential and legal views raised in this field requires a comprehensive research study. Such a study clarifies the differences between these two types of ignorance in terms of nature, conditions of realization and effects. The explanation of these differences guides the judges, lawyers and parties of the case to adopt a more specific and coherent approach and process, when facing the claim of ignorance of the accused. The present research, by using related library resources and applying the descriptive-analytical method, has listed the important basic and practical differences between ignorance of fact and ignorance of law. Disagreement on the subject, the cause of its emegence, the need for research and the ruling of guidance of the ignorant as the root and fundamental differences, and the disagreement in the measurement criterien and the burden of proof, the application of the presumption of innocence or caution in the prohibitive doubts, the possibility or impossibility of applying jurisprudence rules, reliance on Hadith al-Raf in applying the presumption of innocence, the impact of ignorance of fact and law on homicide in belief of being Mahdoor Al-Dam and realization of crime and criminal responsibility are categorized as practical distinctions.
کلیدواژه‌ها [English]
)