A Consideration of Multiplicity and Inclusion of Atonement from Juridical and Law Viewpoint (According to Islamic Criminal Law 1392)

Momeni, Abedin; Nourpour, Mohsen; Zahed, Ali; Ahangari, Ehsan

doi:10.30497/fiqh.2017.2283

A Consideration of Multiplicity and Inclusion of Atonement from Juridical and Law Viewpoint (According to Islamic Criminal Law 1392)

Document Type : Original Article

Authors

Abedin Momeni ¹

Mohsen Nourpour ²

Ali Zahed ³

Ehsan Ahangari ⁴

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Tehran University

² PhD Student of Criminal Law at Ferdowsi University

³ PhD Student of Fiqh and Islamic Law Foundations at Ferdowsi University

⁴ PhD Student of Fiqh and Islamic Law Foundations at Tehran University

10.30497/fiqh.2017.2283

Abstract

The issue regarding the multiplicity and inclusion of the atonement is to be considered among those topics which have deserved less attention in Islamic criminal law. In Islamic criminal law in 1370, the spirit of some law articles says that some atonement were in exceptional cases included. Due to this fact, the knowledge of these exceptional articles was quite hard. Hence, the legislator, knowing this fact, in developing the Islamic criminal law of 1392, tried to extract the rules governing the multiplicity and unity of the atonements from juridical texts and make it law-like.
The chapter concerning the inclusion of or exclusion which has been discussed in part nemesis and atonement of Islamic criminal law of 1392 is rooted in the rule of "inclusion of exclusion of atonements" which has been discussed in detail in princlipal and juridical textbooks. This research embarks on discussing the topic "inclusion and exclusion of atonements" from the abovementioned rule and then tries to find out about the multiplicity and unity of the atonements, mentioning criminal instances, at hand narrations, and when needed mentioning the technical viewpoint of judiciary.

Keywords

Exclusion of tools and causes

multiplicity of atonements

inclusion of atonements

the narration of Abu Obaideh