Legal Jurisprudential Research in Abolition of Qisas on the Ground of Victim Provocation

Abstract

Victimology studies based on the facts of social life indicate the victim precipitated in many of criminal homicide. The punishment of the offender should be determined according to the circumstances of the crime and in proportion to his responsibility. Whereas in the Islamic Penal Code of Iran, victim provocation who sometimes is more guilty than the offender, is allocated to Ta'zir punishments only as one of the mitigating factors. This article in descriptive and analytical study, aims to research the role of effective provocation of the victim in abolition of Qisas, considering the results of victimology knowledge and the necessity of the dynamics of criminal jurisprudence. The results of the analysis of some traditions on the subject of Qisas, such as Sahih Suleiman bin Khaled and Sahih Halabi with a new perspective, indicate the abolition of Qisas due to effective provocation of the victim. According to the findings of this study, it is necessary to add a note to the general conditions of Qisas in Article 301 of the Penal Code that the victim will not have the right of Qisas if he has started the aggression and the provocation.

Keywords

• abolition of qisas
• victim provocation
• killing an adulterous wife
• exceeding self-defense