1
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Shahid Chamran University of Ahvaz, Ahvaz, Iran
2
Associate Professor, Law, Faculty of Economics and Social Sciences, Shahid Chamran University of Ahvaz, Ahvaz, Iran
3
PhD in Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Mazandaran, Babolsar, Iran
There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.
Ale Taha,S. H. , Aghaei,H. and bashiri,A. (2020). Responsibility for issuing and enforcing death sentences. The Judiciarys Law Journal, 84(111), 1-22. doi: 10.22106/jlj.2020.119940.3108
MLA
Ale Taha,S. H. , , Aghaei,H. , and bashiri,A. . "Responsibility for issuing and enforcing death sentences", The Judiciarys Law Journal, 84, 111, 2020, 1-22. doi: 10.22106/jlj.2020.119940.3108
HARVARD
Ale Taha S. H., Aghaei H., bashiri A. (2020). 'Responsibility for issuing and enforcing death sentences', The Judiciarys Law Journal, 84(111), pp. 1-22. doi: 10.22106/jlj.2020.119940.3108
CHICAGO
S. H. Ale Taha, H. Aghaei and A. bashiri, "Responsibility for issuing and enforcing death sentences," The Judiciarys Law Journal, 84 111 (2020): 1-22, doi: 10.22106/jlj.2020.119940.3108
VANCOUVER
Ale Taha S. H., Aghaei H., bashiri A. Responsibility for issuing and enforcing death sentences. The Judiciarys Law Journal, 2020; 84(111): 1-22. doi: 10.22106/jlj.2020.119940.3108
