نوع مقاله : مقاله پژوهشی
نویسنده
جامعه المصطفی العالمیه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In Islamic criminal jurisprudence, among the causes of criminal responsibility, there are titles such as tasbib, community of cause and steward. Since Tasbib has different assumptions in crime, this article uses a descriptive analytical method and for the purpose of helping and recognizing the degree of responsibility of the cause, in the assumption that a person commits a typically fatal behavior, but the intended crime is the result of an unintentional cause. It can be paid. Despite the difference of views within sects, in Jafari jurisprudence and common jurisprudence, research points to the fact that tasbib in murder, even with an unintentional method, in some cases leads to intentional murder and retribution punishment. Unless the unintended factor is not one of the consequences of the intended behavior and is unforeseeable. In this assumption, there is also the standard of intentional murder; However, due to caution, the reason is required to pay diah. Or that it is the unintentional cause of man, which in this hypothesis is the cause.
کلیدواژهها [English]
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