Shahsavari M, Golpayegani B, Sedighian A M. Ta'zir Punishment in in Non-Intentional Crimes with an Emphasis on Medical Crimes in the Light of Expediency and Public Interest. MLJ 2022; 16 (57) :795-810
URL:
http://ijmedicallaw.ir/article-1-1526-en.html
1- Department of Criminal Law and Criminology, Meybod Branch, Islamic Azad University, Meybod, Iran
2- Department of Law, Tehran Central Branch, Islamic Azad University, Tehran, Iran
3- Department of Law, Meybod Branch, Islamic Azad University, Meybod, Iran
Abstract:
Background and Aim: Numerous researches on ta'zir punishments have been conducted so far, but the issue of ta'zir in addition to diyat has been largely neglected. In the present article, made to address the importance of the punishment of ta'zir in addition to diyat, especially in medical crimes, and what is the basis of such punishments, an attempt has been.
Method: The mentioned article is descriptive-analytical and the mentioned subject using the library method has been studied.
Ethical Considerations: In all stages of writing the present study, the originality of the text and fidelity have been observed.
Results: The findings indicate that according to the rule of al-Ta'zir, the Islamic ruler ta'zir punishments for forbidden matters can impose. In this regard, in some cases, some medical crimes, the legislature has imposed a penalty in addition to the ransom includes.
Conclusion: The results of the study indicate that the punishment of ta'zir in addition to diyat in crimes, especially medical crimes, on the interests of society and public order is based. Public interest and order require that legislation in some intentional and unintentional crimes that have a public aspect or are related to the public interest, in addition to the ransom, the punishment of ta'zir such as imprisonment be determined.
Please cite this article as:
Shahsavari M, Golpayegani B, Sedighian AM. Ta'zir Punishment in in Non-Intentional Crimes with an Emphasis on Medical Crimes in the Light of Expediency and Public Interest. Medical Law Journal. 2022; 16(57): e57.
Type of Study:
Original Article |
Received: 2022/02/16 | Accepted: 2022/04/25