نوع مقاله : مقاله پژوهشی
نویسندگان
1 انسیه سلیمی، دانشجوی دکترای 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]
Crime against benefit is one of the types of non-fatal crimes against the person that determining the scope and criterion for proof of Qisas and Diya in them, from the point of view of different religions and the mount of its compliance with the laws of Islamic countries that are committed to the Sharia in codifying their laws, is important. In this regard, current research, with a descriptive-analytical method and with a comparative approach, precepts and their scope, and the criterion for determining Diya in jurisprudence, criminal law of Iran, Sudan and Yemen. The research findings are based on this that Iranian Penal Code has maximum conformity in following the opinions of Imamiya jurists and the legislator, by relying on the existing Hadith basis in benefit section, has tried to codify the amount of their Diya, and has not accepted the view of some Imamiya jurists about the validity of the rule of single and couple body parts in benefits. The Yemeni Crimes and Punishment code, despite the majority of Shafi'i and Zaidi schools of thought, tends towards Hanafi jurisprudence and has stated the criterion for establishing Diya in benefits as the loss of benefit or beauty. However, the Sudanese Penal Code, despite the people's belief in the Maliki school of thought, is not based on a special religious sect and does not provide a specific criterion for Diya in benefits.
کلیدواژه‌ها [English]
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