مطالعات فقه و حقوق اسلامی (Dec 2018)

Intentional or unintentional crime caused by spread

  • Seyyede Mahbobe Hasani Abolhasankolaee,
  • Mohammad Mohseni Dehkalani

DOI
https://doi.org/10.22075/feqh.2018.11361.1114
Journal volume & issue
Vol. 10, no. 19
pp. 137 – 160

Abstract

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If a criminal intends to do a crime in a place, but for some reason the first crime spreads to other organs, and causes another organ mutilation or Its profit decline and even causes killing of a person, a question that worths asking is ,the crime arosed of spread (the second crime) of intentional or unintentional aspects, what will be the verdict? In response to the above question must be said, famous jurists absolutely believe in the intentional crime. Authors by investigating the issue and reviewing the problem evidence and within the framework of Ijtihad criteria, On the base know the recent crimes a quasi-intentional action, and of this fact they excepted a case that the killer wanted to spread, or his act in the first crime was spread, and only in these two cases have considered the crime intentionally. This quote in addition to be revealing with reasons, some scholars have agreed with it.

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