نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرم شناسی، دانشکده حقوق دانشگاه قم، ایران، قم
2 دانشیار گروه حقوق کیفری و جرم شناسیِ دانشکده حقوق دانشگاه قم، ایران، قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the types of crimes is crime against benefit which sometimes occurs as a result of contagion and sometimes occurs separately. Determining the criteria for proof of Qisas and Diyat in a crime against benefit is important from the point of view of different religions, and it shows the extent of its compliance with the laws of Islamic countries that are committed to the Sharia in developing their laws. Therefore, this research with a descriptive-analytical method and with a comparative approach, examines the place of crime against benefit and the criteria for determining the Diyat based on jurisprudence and The criminal laws of Iran, Sudan and Yemen. The research findings are based on this that Iran's law has maximum conformity in following the opinions of Imami jurists. So that The legislator has tried to determine the amount of Diyat by relying on Hadiths and has not accepted the view of some jurists about of the rule of Double and single body parts. In Sudan, despite the tendency of Muslims towards the Maliki religion, it has not been formulated on the basis of a specific religion, and it does not provide a specific criterion. In Yemen, despite the majority of Shafi'i and Zaidi Muslims, the law of this country tends to other religions such as Hanafi, and the criterion for proof of Diyat in benefits is defined as the loss of benefit or beauty.
کلیدواژهها [English]
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