مفهوم الخطأ وصوره بين القانون الجنائي والفقه الإسلامي

Suza'i, Faruk Salami and Arif, Arif Ali (2016) مفهوم الخطأ وصوره بين القانون الجنائي والفقه الإسلامي. The Journal of Sharia Fundamentals for Specialized Researches ((JSFSR), 2 (3). pp. 110-138. E-ISSN 2289 9073

PDF - Published Version Restricted to Repository staff only Download (1MB) | Request a copy

Abstract

This study determines the concept of mistake and its types in the criminal Iranian law and Islamic jurisprudence, it is indicated that mistake in law is defined as any action or omission that perpetrator has not done it intentionally to commit a crime, and the owner causes a loss or injury, however, it is impossible that he may know that the consequence of his action may causes damage to someone although he could prevent it. Islamic jurisprudence’s definition of the concept of mistake is: occurrence of an event contrary to the will of the perpetrator that is not intentionally. This study introduces different kinds of mistakes. In terms of law, they include the lack of caution and care, negligence and lack of attention. lack of skill, and disobeying the rules and regulations. However, different types of mistakes in Islamic jurisprudence are more extensive than in law. The author tried to address the conformity between the concept of mistake and its different types in criminal Iranian law and Islamic jurisprudence. A comparative method is used analyzing the issue related to the concept of mistake and its types are discussed and then a comparative study is concluded.

Item Type:	Article (Journal)
Additional Information:	2037/51969
Uncontrolled Keywords:	mistake, types of mistakes, criminal law, Islamic jurisprudence, intention, negligence, lack of care.
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > BP3790 Criminal law and procedure
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof Arif Ali Arif
Date Deposited:	21 Sep 2016 16:30
Last Modified:	19 Oct 2017 08:31
URI:	http://irep.iium.edu.my/id/eprint/51969

Actions (login required)

View Item