Volume 26, Issue 95 ( fall 2021)
__Judicial Law Views __2012__, 26(__59__): __22464 |
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Kaykha M, Noori S, Bashiri A. Effect of Women's Pregnancy Claims on Delayed Retaliation. دیدگاههای حقوقی 2021; 26 (95) :41-64
URL: http://jlviews2.ujsas.ac.ir/article-1-1278-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1278-en.html
1- Member of the faculty of jurisprudence and Islamic law of the University of Sistan and Baluchestan , kaykha@hamoon.usb.ac.ir
2- Ph.D. student of jurisprudence and the basics of Islamic law of Sistan and Baluchestan University
3- Ph.D. student of jurisprudence and the basics of Islamic law of Mazandaran University
2- Ph.D. student of jurisprudence and the basics of Islamic law of Sistan and Baluchestan University
3- Ph.D. student of jurisprudence and the basics of Islamic law of Mazandaran University
Abstract: (939 Views)
The purpose of this research is to promote the criminal law of the subject, in view of the purpose of the sacred law to prevent the abandonment of the execution of punishment, with adjudication and jurisprudential justification, to evaluate different perspectives of the jurists regarding delay or delay in the execution of retribution with the claim of pregnancy If the doctor does not approve, the woman will do so. The present study, by examining the opinions of the jurists and modifying the opinions presented by them, argues that The necessity of delaying the execution of female retribution is due to the principle of practice, the proof of ijtihadi and jurisprudential rules, such as "rule of law", "minister", and since medical tests related to pregnancy have not been able to detect fetuses in the first weeks. And with the base error, therefore, the theory of the first opinion of the jurists is based on the necessity of delaying the execution of the tortures and the basis of it is proved. This article also analyzes that, where a pregnancy claim is made by a woman, mental prudence is a necessary delay .
Keywords: Claiming a woman's pregnancy, retribution, basic medical error, caution, the rule of the minister.
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2018/05/08 | Revised: 2022/12/26 | Accepted: 2019/11/28 | Published: 2021/12/12 | ePublished: 2021/12/12
Received: 2018/05/08 | Revised: 2022/12/26 | Accepted: 2019/11/28 | Published: 2021/12/12 | ePublished: 2021/12/12
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