Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 847-860 |
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Hashemi F A, Golkhandan S, Qayyumzadeh M. Jurisprudential and Legal Analysis of the Criminal Liability of Overweight Patients with Regard to the Expediency Perspective. MLJ 2025; 19 (60) :847-860
URL: http://ijmedicallaw.ir/article-1-1913-en.html
URL: http://ijmedicallaw.ir/article-1-1913-en.html
1- Department of Law, Khomein Branch, Islamic Azad University, Khomein, Iran.
2- Department of Education and Law, Saveh Branch, Islamic Azad University, Saveh, Iran.
2- Department of Education and Law, Saveh Branch, Islamic Azad University, Saveh, Iran.
Abstract:
Background and Aim: Body exhibitionism is a type of mental disorder in which the patient displays his or her private parts to the public and enjoys this act. This act is against custom and morality and harms social values.
Method: In this study, using a descriptive-analytical method, jurisprudential and legal perspectives on the subject of the research are expressed, and based on this, a proposal for amending the laws in this area is presented.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: There is a great deal of disagreement regarding the necessity of imposing punishment on these individuals and its quality. Some jurists believe in punishing these patients, while others consider them to be deserving of exemption from punishment. According to those in favor, these individuals have the power of discernment and the hadd should be imposed on them. Opponents believe that this act was involuntary and is included in cases exempt from criminal liability. The purpose of this study is to examine the jurisprudence and legality of the criminal liability of these patients, focusing on expediency issues.
Conclusion: The final conclusion is that, contrary to the views of Western law and the views of some Sunni scholars, the disease of nudity, despite being considered a type of mental illness, does not cause the deterioration of the power of discernment and, by deepening the spiritual gaps, causes the patient to enjoy this act. Therefore, the patient's failure to recognize the abomination of this act does not mean the deterioration of the power of discernment and the elements of the crime are conceivable for it, so punishment should be imposed on him. According to some Sunni jurists and also from the perspective of expediency, these individuals should be exiled so that society is safe from their psychological aggression, and if they commit such an act during exile, punishment will be imposed on them. However, confinement in a mental asylum is not advisable for these patients.
Please cite this article as:
Hashemi FA, Golkhandan S, Qayyumzadeh M. Jurisprudential and Legal Analysis of the Criminal Liability of Overweight Patients with Regard to the Expediency Perspective. Medical Law Journal. 2025; 19: e56.
Method: In this study, using a descriptive-analytical method, jurisprudential and legal perspectives on the subject of the research are expressed, and based on this, a proposal for amending the laws in this area is presented.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: There is a great deal of disagreement regarding the necessity of imposing punishment on these individuals and its quality. Some jurists believe in punishing these patients, while others consider them to be deserving of exemption from punishment. According to those in favor, these individuals have the power of discernment and the hadd should be imposed on them. Opponents believe that this act was involuntary and is included in cases exempt from criminal liability. The purpose of this study is to examine the jurisprudence and legality of the criminal liability of these patients, focusing on expediency issues.
Conclusion: The final conclusion is that, contrary to the views of Western law and the views of some Sunni scholars, the disease of nudity, despite being considered a type of mental illness, does not cause the deterioration of the power of discernment and, by deepening the spiritual gaps, causes the patient to enjoy this act. Therefore, the patient's failure to recognize the abomination of this act does not mean the deterioration of the power of discernment and the elements of the crime are conceivable for it, so punishment should be imposed on him. According to some Sunni jurists and also from the perspective of expediency, these individuals should be exiled so that society is safe from their psychological aggression, and if they commit such an act during exile, punishment will be imposed on them. However, confinement in a mental asylum is not advisable for these patients.
Please cite this article as:
Hashemi FA, Golkhandan S, Qayyumzadeh M. Jurisprudential and Legal Analysis of the Criminal Liability of Overweight Patients with Regard to the Expediency Perspective. Medical Law Journal. 2025; 19: e56.
Keywords: Body Exposure, Criminal Liability, Expediency, Banishment Punishment, Islamic Jurisprudence
Type of Study: Original Article |
Received: 2024/11/3 | Accepted: 2025/02/27
Received: 2024/11/3 | Accepted: 2025/02/27
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