چکیده:
One of the influential factors in criminal conviction is the knowledge or ignorance of the perpetrator. Article 155 of the Penal Code assumes people are aware of the laws, except in two cases, and for this purpose, it cites reasons such as the 'Verse of Questioning' (Ayat al-Su'al), and in cases of doubt, it maintains the presumption of the perpetrator's knowledge. According to the note to the aforementioned article, the perpetrator's ignorance of the type or amount of punishment does not prevent their punishment, and the perpetrator cannot strip themselves of criminal responsibility by citing such ignorance. The present research aims to evaluate the aforementioned article and its note; to this end, it addresses the types of ignorance and the existing assumptions therein, and then, by presenting various arguments such as the Verse of Questioning, traditions (hadiths), consensus (ijma), and the rule of preventing system disruption, it justifies the text of the discussed article. Regarding the note to the aforementioned article, this research, relying on the analogy of priority (qiyas al-awlawiyya) relative to some of the arguments mentioned in the text and also by citing the binding nature of general knowledge (ilm ijmali), considers this note to be in accordance with authoritative Islamic sources.
خلاصه ماشینی:
According to this verse, if a person does not know the ruling of a matter and, being attentive to this, also suspects the prohibition of the act, yet despite this does not ask, it appears that this case is not called a doubt (Fazel, Tafsil al-Sharia fi Sharh Tahrir al-Wasilah, al-Hudud: 29).
Sheikh Ansari considers the obligation of investigation to mean that the culpable ignorant is not excused in learning, and for this ruling, he has relied on various evidences; including, consensus on the impermissibility of acting upon the principle of innocence (bara'at) before exerting maximum effort (istifrag al-wus'), the verses of reprimand and questioning, and narrations indicating the accountability of the ignorant for committing an unknown sin (Har like a principle that the legislator has established in the note of article 290 of the Penal Code regarding an act that is absolutely lethal in nature.
Ayatollah Makarem Shirazi writes: "One of the conditions for the establishment of hadd is the knowledge of the obligated person - whether through ijtihad or taqlid - of the prohibition of the act at the time of its occurrence; therefore, if the perpetrator of the crime did not have knowledge, or despite having knowledge, forgot or was negligent of it, and in such states committed a behavior subject to hadd, the hadd will not be executed against him, and apparently, this issue among the companions" is a matter of consensus" (Anwar al-Fuqaha, Kitab al-Hudud wa al-Ta'zirat 35).
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