چکیده:
The present article has been done by descriptive-analytical method with the aim of examining the criteria for distinguishing murder from the perspective of Khamseh religions. It is a method of collecting library information. The jurists of the five religions comment on the criteria, forms and instances of intentional, quasi-intentional and erroneous murder. Consequently, the divisions they provide for each are studied and then compared and compared. The five well-known jurisprudential religions (Imamiyya, Shafi'i, Hanafi, Malikiyah, and Hanbaliyah) disagree on the issue of murder and its types based on the criteria set for each type, despite their commonalities. To be. In this article, first the famous opinion or consensus of Imami jurists about the criteria and forms of intentional, quasi-intentional and erroneous murder and consequently the divisions they have provided for each and then the views of the jurists of each of the four Sunni religions about Those criteria have been considered and its distinction has been examined, because the type of murder is determined based on the distinction criterion, and the criminal responsibility of each is determined.
خلاصه ماشینی:
2- According to most Sunni jurists, quasi-intentional homicide is when an individual, in an aggressive and wrongful manner and with a means that generally does not lead to death, intends to strike a person and hits them with it, and the person dies as a result of this blow; such as striking with a small stone, slapping, striking with a whip or a small or thin stick, and provided that the blows are not consecutive; however, if the blow is at a fatal point or a sensitive part of the body, or if the struck person is weak or a minor, or if the cold or heat of the weather is such that it contributes to the person's destruction, or if severe pain occurs and leads to death, in these cases, it is intentional homicide, and often these matters are lethal.
(Ibn Qudamah, Abdullah bin Ahmad, Vol. 18, 302) 4- In one opinion from Hanafi jurists, it is stated that if homicide occurs by throwing a heavy object onto a person, it is quasi-intentional; because generally this act is not lethal and is intended for the discipline of the individual.
In this article, first, the famous opinion or consensus of the Imami jurists regarding the criteria, forms, and instances of intentional, quasi-intentional, and accidental homicide, and consequently the classifications they have provided for each, are stated, and then the views of the jurists of each of the four Sunni schools regarding those criteria are considered and the point of distinction is examined, because the type of homicide is determined based on the distinction criteria and the criminal responsibility of each is specified.
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