Volume 14, Issue 55 (Winter 2020)                   MLJ 2020, 14(55): 255-276 | Back to browse issues page

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Mohammadzadeh A A, Heydari M A, Tavakkoli A R. Validity of the Opinion of a Physician Specializing in the fall or Conversion of the Punishment of a Warlord and Corruptor on Earth with Mental Disorders. MLJ 2020; 14 (55) :255-276
URL: http://ijmedicallaw.ir/article-1-1268-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Corresponding Author)
3- Jurisprudence and Basics of Islamic Law Department, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:  
Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources.

Please cite this article as: Mohammadzadeh AA, Heydari MA, Tavakkoli AR. Validity of the Opinion of a Physician Specializing in the fall or Conversion of the Punishment of a Warlord and Corruptor on Earth with Mental Disorders. Iran J Med Law 2021; 14(55): 255-276.
Type of Study: Original Article |
Received: 2020/09/22 | Accepted: 2020/12/5

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