Culmination of Law

Culmination of Law

Examining the meaning of the "like a Jenayat" in the Islamic Penal Code

Document Type : Original Article

Authors
Abbas Mohammadkhani 1
Majid Sadeghnejad 2
1 Assistant professorand faculty member, University of Ilam, Ilam, Iran
2 Assistant professorand faculty member, Hakim Sabzevari University, Sabzevar, Iran
10.22034/thdad.2024.2009467.2539
Abstract
The phrase "like a Jenayat" in the Islamic Penal Code is one of the ambiguous concepts that have been interpreted differently. According to the opinion accepted in this article, the said phrase does not refer to the method of committing the “Jenayat” and has nothing to do with it; Also, the above-mentioned phrase refrains from discussing the Mistake in the purpose, and it cannot be considered that theMistake in the purpose is intentional by referring to it. The accuracy of the phrase like a Jenayat shows that the opinion of the legislator is similar to the intent of the perpetrator of the crime, and therefore, in the crime of murder, which has no equivalent, such a phrase will have no meaning and can only be imagined in a crime against the body part. ; In such a way that if the perpetrator intends to destroy or injure a specific body part, but a body part similar to the intended body part is destroyed or injured, the committed crime will be intentional. Also, the criterion for distinguishing the said phrase is only custom; In such a way that the custom considers the intended crime and the actual crime to be so similar that the intention of each is considered sufficient instead of the other. Like when the perpetrator intends to blind the victim's left eye, but his left eye becomes blind. Therefore, if the perpetrator intends to commit a serious crime, but the actual crime is milder than that, the actual crime cannot be considered intentional because he intended to commit a more serious crime. Like if he intends to blind the victim's eyes, but in practice his behavior causes the victim's knuckles to be cut off.
Keywords
Jenayat
like Jenayat
Murder
Crime against body part. Mens rea

Subjects

Aghaei-Niya, Hossein, Crimes against Persons, Crimes, 18th Edition, Tehran, Mizan Publications, 2010.
Ibn-Baraj, Al-Muhadhab, Vol. 2, Qom, Islamic Publishing House, 1406.
Haji-Deh-Abadi, Ahmad, Crimes against Persons, Murder, Tehran, Mizan Publications, 2017.
Khomeini, Ruhollah, Tahrir al-Wasilah, Vol. 2, Second Edition, Najaf, Dar al-Kutb al-Ilmiyah, 2011.
Khoei, Abul-Qassem, Fundamentals of the Completion of the Educational Curriculum, Vol. 2, Second Edition, Qom, Al-Mutabah al-Ilmiyah, Qom, 2017.
Sarikhani, Adel and Fazli, Mahdi, Similar Crime and Mistake in Crime in the Islamic Penal Code Approved in 2013, Journal of Criminal Law Research, Year 7, Issue 26, Spring 2019, 226-191.
Shahid Awal, Al-Qawa’id and Al-Fawa’id, Vol. 1, Qom, Maktaba al-Mafid, Beta.
Shahid Thani, Masalak al-Afham, Vol. 15, Bija, Al-Ma'arif al-Islamiyya Institute, 1416.
Sadeghi, Mohammad Hadi, Crimes against Individuals, Vol. 20, Tehran, Mizan Publications, 1393.
Tusi, Mohammad bin Hassan, Al-Khalaf, Vol. 5, Qom, Al-Nashr al-Islamiyya Institute, 1417.
Islamic Penal Code in the Light of the Opinions of the Guardian Council, Tehran, Third Edition, Guardian Council Research Institute, 1396.
Fazel Isfahani, Kashf al-Latham, Vol. 11, Qom, Al-Nashr al-Islamiyya Institute, Beta.
Moradi, Hassan, Crimes against Persons, Crimes, Tehran, Mizan Publications, 2017.
Mohaqq Heli, Sharaye’ al-Islam, Vol. 4, Research by Seyyed Sadeq Shirazi, Second Edition, Tehran, Esteghlal Publications, 1409.
Mohammadkhani, Abbas, Psychological Element of Crime, Vol. 1, Generalities of the Psychological Element - Psychological Element of Intentional Crimes, Tehran, Mizan Publications, 2016.
Mohammadkhani, Abbas, Psychological Element of Crime, Vol. 2, Intentional Crimes, Tehran, Mizan Publications, 2018.
Mazrouei, Rasoul, Detailed Explanation of the Islamic Penal Code Approved in 1392, Retaliation Topic, Under the Supervision of Ayatollah Hashemi Shahroudi, Publications of the Encyclopedia of Islamic Jurisprudence Institute, First Edition, 2015.
Mossadegh, Mohammad, Explanation of the Islamic Penal Code (Qisas) with an Applied Approach, Volume 4, Jangal Publications, Third Edition, 2019.
Mirmohammadsadeghi, Hossein, Crimes Against Physical Integrity Individuals, Mizan Publications, 29th edition, Winter 2010, p. 144.
Najafi, Mohammad Hassan, Jawaher al-Kalam, Vol. 42, researched by Sheikh Mahmoud Quchani, third edition, out of place, Al-Muktabah al-Islamiyya, 1367.
Culmination of Law
Volume 11, Issue 3
Winter 2026
Pages 165-183