Examining the condition of the deputy's intention and the occurrence of the main crime in the realization of the deputy in the crime In the light of jurisprudential rules with the approach of the purposes of Sharia

Soleyman Kolvanaq, Amin; Ahadi, Seifollah

doi:10.22034/thdad.2021.491086.1439

Examining the condition of the deputy's intention and the occurrence of the main crime in the realization of the deputy in the crime In the light of jurisprudential rules with the approach of the purposes of Sharia

Document Type : Original Article

Authors

Amin Soleyman Kolvanaq ¹

Seifollah Ahadi ²

¹ Graduated from the Faculty of Theology, Qom University, Qom, Iran.

² Assistant Professor of Jurisprudence and Islamic Law.Azarbaijan Shahid Madani University, Tabrize.Iran.

10.22034/thdad.2021.491086.1439

Abstract

In interpreting Article 126 of the Penal Code, jurists consider conditions necessary for the realization of assistance in a crime. Among these conditions is the necessity of committing the main crime and the necessity of the deputy's intention. The principles governing the subject in Imami jurisprudence are "the rule of sanctity of donation on sin", "ta'zir in all sins" and "ta'zir with us are the way of the ruler". The author's hypothesis is that the use of the conditions under discussion of these rules in the light of Sharia intentions is problematic; In such a way that paying attention to the intention of the Shari'a based on "the obligation to eliminate the matter of corruption" and "the obligation to maintain the system and prevent its disruption" does not reflect the condition of the mentioned cases in the truth of the title of deputy. In the present study, after mentioning the conditions for the realization of the vicegerent, the words of the jurists were quoted in the mentioned principles and the statements made in this regard were analyzed with the approach of Sharia intentions. The commission of a crime as a result of his deputy, in order to realize his deputy in the crime, was accepted and it became clear that the same can be deduced from the legislator; However, since its contradictory interpretation of the article is also possible, its amendment is proposed to the esteemed legislator.

Keywords

Deputy

Deputy Minister of Science

occurrence of the main crime

tin of corruption

systemic disorder