Investigating murder in the form of mass killing and its jurisprudential effects from the perspective of Imamia and Hanafism and Iranian law
- Author:
- Hossein Ranjbar
- Level:
- Master
- Field of study:
- Low
- Language:
- Farsi
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Seyyed Hasan Motahajed Askari
- Advisor(s):
- Mahdi Sedaqat
The mass killing is a crime that jurists of any Religion order to illegal of that and condemns perpetrators of crime to the Punishment.
The subject of this research check murder in the manner of mass killing from the perspective Imamiya and Hanafi jurisprudence and Subject rights of Iran this Research the crime of murder is Defined and analyzed from The point of view of two religions and has done its judgement in Islam and Subject rights of Iran, in the Imamiya and Hanafi religions in the investigation carried out regarding the sentence of mass murder It was found that Mass murders are An inhuman act that’s condemned by intellect and sharia and From the point of view of international courts and Islamic jurisprudence the commanders and perpetrators of this crime must be chased and trial and punished because both in jurisprudence and Subject rights of Iran human beings have inherent dignity and natural right to life and all human are equal in this type of rights and There are not discrimination.
The mass killing is forbidden from the point of view of Imamiya and Hanafi jurisprudence and order to illegal but these two religions are different in the basics and documents and ways of proving murder.
Base of evidence of proof of murder in imamiya is confession and clear proof and tribal oath (Qasamah ) that imamiya jurists knows Loth(A judicial presumption confirming the allegation) is the the necessary condition in tribal oath (Qasamah ) but in Hanafi jurisprudence loth is not Condition and in terms of legal both religions they condemn the committing murder to the retaliation punishment and point of view of murder they are different, imamiya divided murder into three types and Hanafi jurisprudence Accepting five parts for this, that for each of them raised Appropriate rules.
This research collected by analytical and descriptive method and information gathering tools have been Imamiya and Sunni specialized library and Islamic science software.