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The Nature of the Mamumah; Necessity or Not Necessary of Wound and Damage to the Skull
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Taha Zargarian   |
| Department of Law, Ayatollah Boroujerdi University, Borujerd, Lorestan, Iran , tahazargariyan93@abru.ac.ir |
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Abstract: (807 Views) |
The ransom for the crime of Mamomeh is determined at the amount of one-third of the full human ransom in accordance with Clause (h) of Article 709 of the Islamic Penal Code. The amount of ransom for the crime indicates the extent of the crime. The legislator’s insistence on not retribution punishment to the Mamomeh in charge under Article 401 of the Penal Code demonstrates the sensitivity and seriousness of the crime of the Mamomeh. The scale, sensitivity and seriousness of the crime make it necessary to clarify the nature of the crime as much as possible. The realization of some crimes in Iran's jurisprudence and law system depends on how the crime was created; The main Question of the current research is that the presence of injury and damage to the skull has a place in the realization of the crime of mamumahWhat. Based on the descriptive-analytical method, the present research has evaluated the traditions and viewpoints of Imamiyya jurists and has found that the realization of the crime of mamumah depends on the penetration of the instrument of the crime into the skull; The scalp must be split and the skull fractured to introduce the instrument of crime to the border of the brain bag. |
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| Keywords: Crime, Mamumah, Skull, Wound |
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Full-Text [PDF 778 kb]
(184 Downloads)
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Type of Article: Review Article |
Subject:
Medical Law
Received: 2024/01/14 | Revised: 2024/09/30 | Accepted: 2024/04/9 | ePublished: 2024/09/28
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